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Tue 16 Jan, 2007 11:54 am
Hubby & I are the ONLY full time resident who live on the back parcel of a "private" Oil-Field Gated Road. There are several other landowners/leaseholders (Hunting) whose land me must cross for necessity. We have access through the gate for entry, but each day another leaseholder "locks" the gate which prevents, 911, Ambulance, Fire, UPS, Pest Control, Repairs and others from entering or LEAVING the property. Is there any way to legally make the others remove the Gate or declare the road public? (Can I move my mailbox?) The other parties are "Good Ole Southern Boys" who say traffic impedes their tracking of deer and poses a litter problem. Can we open a business (Christmas Tree Farm, etc.?) that will make them leave the gate unlocked as necessary?
Without knowing the details of your situation, it sounds like what you have is an easement. It may be part of your land title, or it may simply be an "easement by necessity" (since there's no other way to get to your property). In any event, you can probably sue anyone who interferes with your right to use the private road, which includes the good ol' boys who lock the gate.
Opening a business involves a lot of issues. Are permits necessary? Are there any zoning requirements? Is there a restrictive covenant on your title? Furthermore, although you have an easement for your own use, you may not have an easement for the use of business customers. Only an attorney who knows all the finer points of your situation could properly advise you of your options.
As for turning the road into a public thoroughfare, that's something that you'd have to take up with the relevant municipal/township/county government. I don't know of any way in which a private landowner can turn a private road into a public road.
Talk to the Post Office about putting up a mail box at the side of the road.
When you're there, ask about a Lock Box for larger packages and whether UPS could also have a key.
I can only speak to local laws here in MA. My town just did this.
To do it however, every landowner along the private road had to sign a request that was submitted to the town asking the town to take over the road and agreeing to some legal stiplutaions (i.e. town right-of-ways for unitlies and fire hydrants, etc..).
Once that was presented to the town board of selectmen they held a public debate period and voted. One of the conditions the selectman here put on it was that the road had to be paved and curbed in accordance with town standards before it could be formally turned over to the town.
You are almost certainly in for a major uphill battle if you are trying to have the land of other people seized and converted to public property. That could take decades and lots and lots of $$.
Im a member of our townships Planning Commission and we are not actively looking to have roads added to our list of Public thoroughfares. When we do accept them, the conditions of acceptance must be met in accordance with the Pa Muncipality Code, and, like fishin said, the road has to ahve agreements of right=of way (usually 33 ft wide), it must have a foundation and be paved in accordance with Highway Engineering Standards; There are all sorts of agreements necessary , such as rights of access for services, turn radii, and "where to dig" agreements in case someday, development may come to the road with proposed water and electricity and cable TV.
Getting a road dedicated to the local municipality is a process that should have a valid reason for application . Convenience or failed rights-of way easements arent on our list in our township. In other words, we dont have to take over the maintenance of a rural road if we dont have some compelling reason to do so. ( We normally NEVER take over dead-end roads because they are more or less a "driveway" with no benefit to the township as a whole.
We do have such a few roads where, unfortunately, the pigs of our civilization , traverse and use as "roads to a dump" . We do have our police and zoning officer visit these roads every so often and inspect for illegal dumping. Its amazing how, when people do illegal dumping they have letters and bills with their names and addresses on. So far weve been quite fortunate to clean up these dump piles and then back-bill the perps.
Sometimes, in other municipalities Ive seen that illegal dumpers fight the bills with court cases . Its usually a pyrrhic victory because local country newspapers love to print these stories in thei "police log" sections
I realize the county will not want to "maintain" the road, and making it public is probably out of the question. But can I get the gate removed?
Can the other land owners insist that it be locked? The interference with 911 services is my primary concern.
I like the idea of a lock box for UPS, and will follow up on that. I know I could sue, but whom, what I know and what I can prove may be two very different things and will an attorney take the case considering the costs (depositions, title research, etc.) that he is likely to incur?
And what happens when you sue and Win and they ignore the order of the court? Is there a "Real" way of establishing fault? I asked to have a camera put up at the gate and was told it would be likely shot down by some hunter from a distance greater that the camera would capture.
These "boys" have been around a long time and even though they are extremist in the area of hunting they are by no means "stupid".
The other owners know they can not restrict my access, but they "give out keys" to hunters and others who plead "error" (I put my lock in the wrong slot, sorry) and are ignorance of the easements even after you instruct them. There is only 1 out of about 5 who give us problems.
This one uses an employee of his who lives near us to come by on his way to and from work to lock the gate. They wired and barricaded it for a while--till I called the police. Of course no one knew exactly whom had done what...But this action has ceased since then.
Can I Lock the gate OPEN? What about Visitors to my residence? People who are at my home (like those asked to feed my pets while I was out of town) have been locked in and had to call the POWER Company to come and let them out.
Thank all of you for your replies. The info has been helpful.