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Tool Talk Discussion Forum

Re: OT private road.

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07-08-2013 19:15:20

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Should be equal split, however as others have said - you will never get agreement, or everyone to pay their share. I live on a county maintained road, and believe it or not, the county does not have an easement, nor deed to the roadway (even though the county surveyor shows a 40 foot roadway). One part of the roadway through a portion of my property it is approx 21 feet fence to fence, and been that way likely when it was horse and buggy. Approx. 1 mile up the road from me there is a county maintained (if you call it that) wooden bridge that is 12 feet wide, with no load limits posted. Sooner or later a loaded semi will go through it, and it will make headlines, and likely a lawsuit over it, but that bridge has been in place since I was big enough to remember, and I am in my mid 50"s now. Good luck, and I hope everything works out, but I have witnessed a lot of arguments over roads, as well as lawsuits over things like brush, fences, and how close cars are parked to the road.

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07-08-2013 20:19:12

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 Re: OT private road. in reply to Ron-MO, 07-08-2013 19:15:20  
Don't know the laws in your state but if the city, county, or state maintains a private road for 7 years (in Minnesota) it becomes public property. I would bet it is the same in all states.

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07-09-2013 16:56:03

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 Re: OT private road. in reply to JOB, 07-08-2013 20:19:12  
In MO it is called prescriptive easement. About every few years I get told the county has a 40 foot easement, after reading up on it I found their is no real width requirement, and it is what it is, a right for the public to use until it is abandoned. I suppose they could condemn it, but that would go against their claim they have no money to even maintain the road, and there are a lot of roads in this county with much less than 40 feet to deal with. I planned on moving my fence to help make it wider until a commissioner told me he could just take it without my permission (keep in mind this has been under fence for probably 100 years). I decided I would hang onto it a while longer, and they can buy it (it is on my deed after all with no exceptions, or easements on it). Only 2-3 vehicles travel the road (including me and mail carrier), so i see no issue with it like it is. During hunting season there is more traffic by road hunters, and poachers, but I am somewhat less than concerned for providing for their safe travels :-) Sooner or later I will hear about it again I am sure, but I called his bluff for now.

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