Control of Right of Way

[d1940ou]

What is the name of your state (only U.S. law)? Kentucky

The property is in a subdivision that is defined by calls and dimensions to the Right of Way. The Right of Way line is defined as 20 Ft from the center line of road.
My neighbor has built a, concrete block faced with creek rock building with a metal roofing for garbage storage in front of my lot on the Right of Way.

Our relationship is such that he will only talk to me thru his attorney. I asked his attorney to remove the building and his attorney responded that I have no control over the property and he would file civil and criminal charges against me if I moved the building.

The state has a Statue KRS 177.106 against encroachment of Right of Way. The County Attorney does not want to fight my neighbor's attorney and won't enforce the Statue. The Supervisor of Roads and Assistant Attorney pledged my case to him and he will not enforce the Statue. The county is not known for it's honesty in government.

The neighbor has more money than god and is willing to spend what ever it costs to cause me pain. I would live with the problem except for two reasons.
1. I don't want to give up any of my property rights.
2. He also parks his cars on the Right of Way. Between the building and his parked cars I can not see oncoming traffic when I exit my drive onto the road. This is a county road where cars and the school bus drive very fast.

I would like to try to jack the building up and move it in front of his house. I calculated the building to weight about 9.000 lbs so no small issue. It might turn into pile of rocks then it will hit the fan for sure. If I do have control of property I might try locking the building first and see what develops.

I am 69 and have a very limited income. I do not have much money to solve this problem. I do have time to do research to prepare for court if it goes that far.

Any ideas or words of wisdom?

 

[Kiawah]

Are you sure of the property corners/lines? Hard to imagine he would build anything on your property. I'd hire a surveryor to come out and mark your property, would cost only a couple hundred. Have them draw up your lot, and mark the position of the stone structure on the plot plan.

This may be an issue for small claims court, where you sue him for the cost of removing what he built from your property. You could do this for nominal cost to you.

 

[d1940ou]

The property has a recent survey and is clearly marked. When he was still talking to me he never questioned the survey markers. They are marked with surveyor name and have been checked at the rear of our lots by the Corps of Engineering. I have measured and check with neighbor across the road stakes. The stakes are in the correct position according to the recorded subdivision plot plan and deeds. I have a copy of all.
The question to me is who can do what on a Right of Way.

 

[seniorjudge]

Let me get this straight: There is a right-of-way in a subdivision.

Is it dedicated to the public?

If not, then who owns it?

 

[d1940ou]

Let me get this straight: There is a right-of-way in a subdivision.

Is it dedicated to the public?

If not, then who owns it?

The subdivision was made in the early 1950's. The county has taken over the roadmaintaince

It is not deeded to me. It is not deeded to him or any lot owner. I talked to the son of the man (who is now dead) who built the subdivision. He thinks the county owns the Right of Way.

 

[seniorjudge]

The subdivision was made in the early 1950's. The county has taken over the roadmaintaince

It is not deeded to me. It is not deeded to him or any lot owner. I talked to the son of the man (who is now dead) who built the subdivision. He thinks the county owns the Right of Way.

Okay.

So some guy built something on a county-owned right-of-way.

How does that affect you?

 

[d1940ou]

The building is 3 feet from my driveway and makes entering my drive with a trailer very difficult. Leaving my driveway the view is complexly blocked to oncoming traffic. I have to have someone stand in road and signal when it is clear to enter. He also parks cars next to the building adding to the blind spot.

 

[seniorjudge]

The building is 3 feet from my driveway and makes entering my drive with a trailer very difficult. Leaving my driveway the view is complexly blocked to oncoming traffic. I have to have someone stand in road and signal when it is clear to enter. He also parks cars next to the building adding to the blind spot.

And none of this is happening on real estate owned by you?

 

[d1940ou]

This is true. It is not owned by him either.

 

[seniorjudge]

This is true. It is not owned by him either.

Judge: Okay, d1940ou, how are you damaged by the bad person's actions?

You: I am not.

Judge: Case dismissed.

 

[d1940ou]

I have lost the safety of leaving and entering my property. It can not be done by one person. I should be able to safely enter the road from my property. I had that right for 35 years before he built the building.
The states laws say that no encroachments can be made on a right of way.
The case is appealed.

 

[seniorjudge]

...
The case is appealed.
...

So there has already been a trial on this matter?

Who is appealing?

Is it you?

Then you lost the first time, right?

 

[d1940ou]

So there has already been a trial on this matter?

Who is appealing?

I am because seniorjudge did not take all facts into consideration before dismissing the case. Do you think disbarment is in order for the judge.

 

[HomeGuru]

I am because seniorjudge did not take all facts into consideration before dismissing the case. Do you think is disbarment is in order for the judge.

**A: what the heck is "is disbarment?"

 

[seniorjudge]

**A: what the heck is "is disbarment?"

As in Is disbarment for me or should I go somewhere else to drink?