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Control of Right of Way

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d1940ou

Junior Member
I am still researching the ownership question. I just talked to the original owners son who has done a lot of surveying in the subdivision. I asked how they transfer the property to the government and he said we recorded the plot plan. That is all he remember them doing.

Does this help anybody understand who has ownership of Right of Way if this is what was done?
 


d1940ou

Junior Member
I just talked to the county attorney and he advised me to file suit against neighbor to remove the building. Can this be done in small claims court in KY?
 

154NH773

Senior Member
In order to succeed in court I would think you need to prove the property is yours, or you would not have standing to sue. From your post, it doesn't seem you could prove that.

If the County is maintaining the road I would think that is evidence that they have claimed ownership. Governments do not normally maintain private property, and if they are not tenants on the easement, they have probably accepted the road.

If that is the case, you may be able to file a suit asking the court to order that the County Attorney enforce the law. I'm sure if I'm wrong on this plenty of posters will jump in. Check with a local attorney.
 

d1940ou

Junior Member
The County Attorney is the one who told me I own the Right of Way. I am in Texas and will have to wait till March to resolve the ownship issue.
I do know my neighbor does not own the land and the law says he cannot maintain a building on the right of way. The County Attorney said the Circuit Court would order him to remove it. Does this sound right?
 

154NH773

Senior Member
Not to me it doesn't, but I'm not a lawyer and not in KY.

Talk to a lawyer. In my State (NH) a private citizen may not bring a criminal complaint. If you do not OWN the property containing the structure, you may not have standing to bring a civil suit. The County would have to bring the complaint.

As long as the County Attorney is giving you advice, ask how you would bring such a charge, and if you have standing. Write him a letter and ask him to respond with his reasoning that he will not prosecute the violation of law.
 
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d1940ou

Junior Member
The following are the e-mails he and I sent

I want to get this resolved before summer. If the the county is not going to enforce the law, what do you see my options are for resolving the problem? I do need your help in resolving this issue.

"THE BEST WAY TO RESOLVE IT IS TO FILE A LAWSUIT AND HAVE A JUDGE ORDER HIM TO TAKE IT DOWN"

Thanks for the response. Can this be done in small claim court?

"actually no. small claims court only gives money damages not specific performance. circuit court would be the best".

I have not been able to get him to write a letter. He will talk in person or on phone and will write short e-mails.
 

d1940ou

Junior Member
The following are the e-mails he and I sent

I want to get this resolved before summer. If the the county is not going to enforce the law, what do you see my options are for resolving the problem? I do need your help in resolving this issue.

"THE BEST WAY TO RESOLVE IT IS TO FILE A LAWSUIT AND HAVE A JUDGE ORDER HIM TO TAKE IT DOWN"

Thanks for the response. Can this be done in small claim court?

"actually no. small claims court only gives money damages not specific performance. circuit court would be the best".

I have not been able to get him to write a letter. He will talk in person or on phone and will write short e-mails.
 

154NH773

Senior Member
I still believe, since you don't own the property, you do not have standing to sue to remove the structure. Look into a "writ of mandamus" , which you may be able to ask to court to issue, forcing the County Attorney to go after the person who illegally erected the structure on the right of way.
 

d1940ou

Junior Member
I still believe, since you don't own the property, you do not have standing to sue to remove the structure. Look into a "writ of mandamus" , which you may be able to ask to court to issue, forcing the County Attorney to go after the person who illegally erected the structure on the right of way.

Thanks for the helpful response. I believe the County Attorney believes I own the right of way. Way he feels that way I do not know. I hope to get the ownership issue resolved sometime in March when I get home.

I will start researching writ of mandamus. I plan to ask for a meeting with the County Judge Executive to understand his position.

Thanks again
 

d1940ou

Junior Member
Back in town

After some time in the Court House I was told by the County Clerk to see the PVA department for ownership. I did and they say the County owns the Right of Way. I believe them to be correct. I was advise by the Sheriff Office to see the County Magistrate that represents my part of the County and ask for help. I have done this and awaiting his reply.

My new question is, do I have a right to park a car next to where the renters park in front of neighbor house. If so, I could move my car and gain visibility of on coming cars,
 

154NH773

Senior Member
If the County owns the right of way, and parking is allowed on the right of way, you can park anywhere you want.
 

easeoff

Junior Member
appeal to the pocket

What if you took a different approach and forget about the property owners and easements -aside from making the point of liability in a serious injury due to the structure?

If it is unsafe, it violates the Highway Defect Act, and your county can be denied federal monies for roads. It does not matter which state you are in, or if you are in a small rural township, or state highway. All public roads in the U.S., fall under these regulations, and compliance is mandatory.

So you may just want to skip the 'ownership' stuff and go right to your DOT to file complaints, send pictures, etc.

You may want to point out that gov't entities are not entitled to immunity for acts of neglect, such as failing to remove a dangerous structure on a public row. Injury or death would leave them vulnerable for legal recourse, along with the neighbor who built it.
 

d1940ou

Junior Member
The next capter

I talked my local magistrate into supporting a no parking area so I could get a view from my drive way. The County Magistrate's ordered a no parking sign installed. The road department installed it in a place next to the Garbage House; no one knew where the no parking was. I wrote my local Magistrate asking for permission to move sign so my line of sight was not blocked. After two weeks I call him. He said he was meaning to call me and it was ok for me to move the sign. I moved the sign to a place that would allow the neighbor to parked two cars instead of three. The maintenance man came by and calls the owner who calls his lawyer who calls the road supervisor who personally removes the no parking sign. I go to him and he is pissed because I had moved the sign. He tells me the lawyer is going to sue me for harassment for moving the sign. I tried to contact my local Magistrate and he is in the hospital having an operation. I have sent a very compete document to the local Magistrates house and am waiting for him to heal before making a personnel contact with him. I am also waiting to see if the lawyer files harassment charges against me.
Thanks easeoff, 154NH773 for your interest and helpful suggestions in helping me get this resolved.
 

154NH773

Senior Member
I moved the sign to a place that would allow the neighbor to parked two cars instead of three.

I would not have recommended your moving the sign yourself. You are in a conflict with this neighbor, and it is the County's responsibility to move the sign. Hopefully the Magistrate will back you up if they decide to bring some legal action against you.

Good luck.
 

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