Question on private road... well, newly private road.

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    Question on private road... well, newly private road.

    So theres a through road a couple of neighborhoods over from ours... the kid lives in a house with the boyfriend where he has been all his life (rent from his parents). The road has been a through road the entirety of my time up here, about 20 years or so... I have driven on it a couple hundred times in the past decades.

    Well the wife and kiddo decided to walk the dogs yesterday afternoon, and noticed someone hung a chain across it and added a "private drive" sign on a tree. They kept walking and within a couple minutes were confronted by some old ass "Karen" trying to pick a fight, screaming lawsuit, gonna call the po-po and yata yata... even went so far as to try and make the dog react to her by jumping in front of her. Wife just shrugged, shook here head and kept on trucking with the dog. The kid was sort of shaken by it, worried about whatever...

    Whats the verdict here? The road has literally NEVER been blocked off and is an actual through road to another neighborhood... not well traveled but traveled enough. Can some crazy loon biotch just decide one day to block the road and harass people walking on it?

    #2
    First, is it actually private property? Did you check with your local zoning/property maps?

    Second, is there an easement in place if it is private property?

    Third, if there is no easement do you live in a jurisdiction where history of unimpeded access will imply an easement unless the courts have ruled otherwise?
    Last edited by Scott Cee aka 2drx4; 07-11-2020, 02:39 PM.

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      #3
      ^^ This guy knows his shit.

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        #4
        Originally posted by Scott Cee aka 2drx4 View Post
        First, is it actually private property? Did you check with your local zoning/property maps?

        Second, is there an easement in place if it is private property?

        Third, if there is no easement do you live in a jurisdiction where history of unimpeded access will imply an easement unless the courts have ruled otherwise?
        So I looked up the title/ parcel info of all 5 chunks of property that the road runs adjacent to (road doesn't actually run through anyones property, just winds along the boudaries... they all refer to a common corridor E4 (I am assuming the road to be that common corridor). The lady recently retired up here with the hubs about 4 months ago... and decided to place a chain (no lock) and a private drive sign. Arizona law says 7 years in use as a walk, or drive path and it's automatically ripened as a common path.

        That enough?

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          #5
          Not sure about your state, but in Iowa a landowner can ask to have a Level B minimum maintenance road converted to a Level C, which can be gated to limit access. I believe part of what lead up to the push for this was people mud bogging the Level B roads, and farmers not being able to access their fields because the ruts were too deep for them to pull equipment through. There is one a few miles from my house that was converted without ag fields along it. The person living on it was just tired of kids tearing it up at all hours of the night and then pounding on their door at 3am asking to get pulled out or to use their phone.

          The Level C classification was added in 1991 by HF 419. This third classification was developed to provide a
          means to limit access to roads that primarily serve adjacent farming operations and there has been resistance to
          vacating them. This legislation included language stating that stated Level C roads may only be established by ordinance or resolution.

          In addition, Area Service C classification roads shall adequately warn the public that access is limited. Access to the road shall be restricted by means of a gate or other barrier."

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            #6
            Originally posted by Scott Cee aka 2drx4 View Post
            First, is it actually private property? Did you check with your local zoning/property maps?

            Second, is there an easement in place if it is private property?

            Third, if there is no easement do you live in a jurisdiction where history of unimpeded access will imply an easement unless the courts have ruled otherwise?
            these things.

            where i'm at, the county/zoning says that our access cannot be blocked and is along "recognized private roads", for which there is no map nor listed easement aside from 60' wide "path of road". i.e. nobody can legally block off any existing semblance of a road that doesn't dead end on their plot. If i travel on that road across their property to or from mine, i can legally cut a chain. Not neighborly, but legally.

            so, check with the actual rules before you get yourself or your dog killed over something stupid.


            Up is difficult, down is dangerous

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              #7
              Originally posted by flecker View Post

              So I looked up the title/ parcel info of all 5 chunks of property that the road runs adjacent to (road doesn't actually run through anyones property, just winds along the boudaries... they all refer to a common corridor E4 (I am assuming the road to be that common corridor). The lady recently retired up here with the hubs about 4 months ago... and decided to place a chain (no lock) and a private drive sign. Arizona law says 7 years in use as a walk, or drive path and it's automatically ripened as a common path.

              That enough?
              if it is a chain with no lock, then it is not unreasonable to respect the chain. Like any fence, leave it as you found it, but that is no hinderance to travel.

              if they add a lock, cut the lock. neighborly, of course


              Up is difficult, down is dangerous

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                #8
                Originally posted by flecker View Post

                So I looked up the title/ parcel info of all 5 chunks of property that the road runs adjacent to (road doesn't actually run through anyones property, just winds along the boudaries... they all refer to a common corridor E4 (I am assuming the road to be that common corridor). The lady recently retired up here with the hubs about 4 months ago... and decided to place a chain (no lock) and a private drive sign. Arizona law says 7 years in use as a walk, or drive path and it's automatically ripened as a common path.

                That enough?
                Sounds like she's blocking a road illegally.

                Is she representing the BLM movement? If not, you should be able to get her chain and sign removed.

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                  #9
                  Time to go to a County Commissioner meeting.

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                    #10
                    Originally posted by Filthy McChevy View Post
                    Time to go to a County Commissioner meeting.
                    Meh... I don't really care. It isn't like there's not a go around. It's the attitude and harassment that pisses me off, especially towards the wife and kiddo. Beyond that, theres plenty of places to walk the dog and whatnot.

                    Again, I am respectful of peoples property... I wouldn't be a dick on an easement road, but up my driveway? Sure, probably.

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                      #11
                      Got a random padlock you don't mind losing?

                      EDIT: wipe your prints off, though

                      PLEASE BUY AMERICAN SO WE DON'T HAVE TO LEARN CHINESE
                      The 4th little pig made his house of reinforced concrete, with wolfskin rugs in every room

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                        #12
                        Originally posted by flecker View Post

                        Meh... I don't really care. It isn't like there's not a go around. It's the attitude and harassment that pisses me off, especially towards the wife and kiddo. Beyond that, theres plenty of places to walk the dog and whatnot.

                        Again, I am respectful of peoples property... I wouldn't be a dick on an easement road, but up my driveway? Sure, probably.
                        you don't have to give in. feel free to reach out with a "hey, you can't legally block this access road, so understand that it will still be traveled and any attempts to put a lock in place will be remvoed" or whatever it is


                        Up is difficult, down is dangerous

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                          #13
                          You could start fucking with them and putting a different dollar store lock on the chain every time you or your wife are out for a walk. Eventually I'll bet the chain comes down.

                          Maybe write "for copy of combination contact -adress-" and use bitchy ladys.

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                            #14
                            Originally posted by 2big bronco
                            You could start fucking with them and putting a different dollar store lock on the chain every time you or your wife are out for a walk. Eventually I'll bet the chain comes down.

                            Maybe write "for copy of combination contact -adress-" and use bitchy ladys.
                            Drop a few of the jumbo concrete blocks across the road.
                            Time is the only real currency

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                              #15
                              Originally posted by Scott Cee aka 2drx4 View Post
                              First, is it actually private property? Did you check with your local zoning/property maps?

                              Second, is there an easement in place if it is private property?

                              Third, if there is no easement do you live in a jurisdiction where history of unimpeded access will imply an easement unless the courts have ruled otherwise?
                              This right herel
                              a trip to the assessors office should clear it up!
                              Last edited by Clb; 07-11-2020, 06:15 PM.
                              83, 22re,w56,ultimate duals,4:10 \31" arbs.
                              hopes to grow up someday

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