Driveway, Creeks, Low Water Bridges and Flooding

[Aquinnah]

I am in Arkansas. We live on a dead end private lane. We have a problem with low water bridge that crosses the lane/driveway/easement (whatever it is called). It floods so badly that we cannot get in or out. The problem is we are at a standstill of whose responsibility it is to fix it.

We share the bridge with one other neighbor, but the bridge is not on either of our property.

I have attached a picture to show what I am talking about. My property is on the bottom of the red line:

http://img.photobucket.com/albums/v11/mommymushbrain/MAP.jpg

How badly it floods - This is from yesterday and the reason why I am fed up:

http://img.photobucket.com/albums/v11/mommymushbrain/IM000809.jpg

Who is responsible for fixing this? There is another culvert that had been brought out in an effort to repair it, but no one knows who brought it out in attempt to fix it, including the person we are buying the property from.

Thanks!

 

[BelizeBreeze]

From the photo I was not able to tell either. So, does the 'lane' end at the beginning of each of your and your neighbor's property? (it will tell you on the deed or abstract or a recent survey).

Who owns the lane? City or county?

Answer these then maybe we can get an answer.

 

[HomeGuru]

I am in Arkansas. We live on a dead end private lane. We have a problem with low water bridge that crosses the lane/driveway/easement (whatever it is called). It floods so badly that we cannot get in or out. The problem is we are at a standstill of whose responsibility it is to fix it.

We share the bridge with one other neighbor, but the bridge is not on either of our property.

I have attached a picture to show what I am talking about. My property is on the bottom of the red line:

http://img.photobucket.com/albums/v11/mommymushbrain/MAP.jpg

How badly it floods - This is from yesterday and the reason why I am fed up:

http://img.photobucket.com/albums/v11/mommymushbrain/IM000809.jpg

Who is responsible for fixing this? There is another culvert that had been brought out in an effort to repair it, but no one knows who brought it out in attempt to fix it, including the person we are buying the property from.

Thanks!

**A: maybe you should buy a boat.

 

[Aquinnah]

I had hoped the paint drawing would help.. LOL

I looked it up and that part of the lane that includes the low water bridge is actually an easement granted to us and my neighbors. So the lane actually ends where both myself and the neighbor's property begins, which would be both of our driveways past the creek and bridge.

As for the county, they have told me that it is not their responsibility as it is a private lane and the owners we are buying from tell me it is the county's responsibility or our responsibility.

I hope that helps!

 

[BelizeBreeze]

You have an easement that was granted for access to the neighbor's drive. HOWEVER, from your diagram, that easement is not in question, it's the location of the property line and the end of the lane.

You need a trip to the county planning commission to copy the plat map for your area then you need to have a surveyor come out and determine where the neighbor's property and the lane join.

Only THEN can you determine the proper owner. If it IS a private lane, then you need to ascertain the owner of the lane.

 

[Aquinnah]

Thank you BelizeBreeze!

HomeGuru...

 

[nextwife]

Is there a maintenance agreement? If not,

If the easement is on another's property and solely benefits you and the other neighbors, and is NOT the property owner's access, don't expect him to cover the cost of improving your access. Likely, if on private property, you will need to obtain the owner's permission, but expect the cost to fall to you and the other neighbor that use the access.

 

[Ciarraine]

Is there a maintenance agreement? If not,

If the easement is on another's property and solely benefits you and the other neighbors, and is NOT the property owner's access, don't expect him to cover the cost of improving your access. Likely, if on private property, you will need to obtain the owner's permission, but expect the cost to fall to you and the other neighbor that use the access.

The way I read the drawing is that the bridge is on the neighbour's land and benefits both the Aquinnah's driveway and the neighbours. Am I correct?

 

[BelizeBreeze]

The way I read the drawing is that the bridge is on the neighbour's land and benefits both the Aquinnah's driveway and the neighbours. Am I correct?

It depends entirely on the abstract and survey. Remember, there is a road involved and the ownership of the road, where the road ends (including all setbacks and easement restrictions) and the private property begins is the deciding factor in this equation.