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A private road owned by 6 owners with a 1/6th ownership in the road each,used to access properties along the road.Three of the owners have given permission of use to an outside party who has no ownership of said road and is using the road to access their lot in a seperate subdivision.The seperate subdivision has a paved access of their own.
The sheriff dept. claims that because three owners have given permission to trespass that none of the other owners have a say or ability to kick the outside party off of the road.
What are your professional opinions on this.
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Campfire Kahuna
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Campfire Kahuna
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Depends upon whether divided or undivided ownership, whether ownership is in fee simple or simply an easement and right of way, whether the property owner further in has deeded access rights, etc., and the laws of the state in which the property is located.
Last edited by VAnimrod; 09/14/11.
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Campfire Oracle
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The trespassers can only use 3/6 of the road.
If you take the time it takes, it takes less time.
--Pat Parelli
American by birth; Alaskan by choice.
--ironbender
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The guy using it for access only driving on half of the road?... Left or right half?...  Sorry couldn't resist.
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Campfire Ranger
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Very Specific to local law and any agreement among the parties.
Get a lawyer.
BMT
"The Church can and should help modern society by tirelessly insisting that the work of women in the home be recognized and respected by all in its irreplaceable value." Apostolic Exhortation On The Family, Pope John Paul II
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Campfire Kahuna
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BMT;
That is the answer NO ONE wants to hear.
But, it's exactly right, for the reasons stated.
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Campfire Kahuna
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It still depends upon the other variables, though in some jurisdictions at least, permission by one undivided owner is as good as permission from all. In other jurisdictions, that may not be the case.
Get an attorney local to the property, and get advice from them.
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Campfire Ranger
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Check it out as suggested but I wouldn't get my hopes up. I think you're screwed but I'd be happy to hear I'm wrong.
"Be sure you're right. Then go ahead." Fess Parker as Davy Crockett
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A private road owned by 6 owners with a 1/6th ownership in the road each,used to access properties along the road.Three of the owners have given permission of use to an outside party who has no ownership of said road and is using the road to access their lot in a seperate subdivision.The seperate subdivision has a paved access of their own.
The sheriff dept. claims that because three owners have given permission to trespass that none of the other owners have a say or ability to kick the outside party off of the road.
What are your professional opinions on this. Simple answer. It isn't a criminal matter and therefore, the sheriff isn't and shouldn't be involved. The fact that the outside party has permission from some of the owners is enough to mitigate against any criminal intent required for a criminal trespass. So, in order to really figure this out, the landowners are probably going to have to start suing each other.
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Campfire Oracle
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So, in order to really figure this out, the landowners are probably going to have to start suing each other.
That's good news for the lawyers! 
If you take the time it takes, it takes less time.
--Pat Parelli
American by birth; Alaskan by choice.
--ironbender
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So, in order to really figure this out, the landowners are probably going to have to start suing each other.
That's good news for the lawyers! Eh...maybe maybe not. Probably not too much in the way of quantifiable damages from a few trucks going down a road. Of course, it just depends how big on an arsehole one or two of those owners might be. All attorneys need are a couple of arseholes with money and we are in business. There are lots of arseholes and there are lots of people with money. But you don't get that magic elixer of litigiousness until you put them together.
Last edited by Cossatotjoe_redux; 09/14/11.
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Lesson of the story...get you're own road and it will be the one less traveled
My dog is a member of the "Turd Like Clan"
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VA is right, as I recall the general rule is that an owner can grant access so long as it doesn't interfere with the interests of the other owners, absent restriction in the original grant. So don't be surprised if it turns out that way - perhaps a good instance for compromise to keep peace with the neighbors?
The key elements in human thinking are not numbers but labels of fuzzy sets. -- L. Zadeh
Which explains a lot.
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Very Specific to local law and any agreement among the parties.
Get a lawyer.
BMT Yep. And just to set it straight, the Sheriffs Department's opinion, on such a legal issue, isn't worth shyt.
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My sister had a similar deal. Road dead ended at a guys fence. Well he put a gate in the fence and started using the private road...until my sister put up a fence on her property with no gate. That ended the issue. Just have the last guy on the road put up a fence or plant a tree in the middle of the road on his own property.
"I call that bold talk for a one-eyed fat man." --Robert Duvall.
"Fill your hand, you son-of-a-bitch!" --John Wayne.
~Molɔ̀ːn Labé Skýla~
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Campfire Ranger
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So if you spend the money to get attorney's opinion ...
Then what?
The sheriff's dept has already said that they don't want deal with it.
A court order?
A lawsuit?
More $$$, time and frustration. Is it worth it?
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VA is right, as I recall the general rule is that an owner can grant access so long as it doesn't interfere with the interests of the other owners, absent restriction in the original grant. So don't be surprised if it turns out that way - perhaps a good instance for compromise to keep peace with the neighbors? You will find that that is going to differ from one state to the next. I would also be willing to bet that some states have ruled that temporary permission may not be unreasonably withheld, but permanent permission may require all parties consent, absent actual/inferred permission in the original agreement.
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My sister had a similar deal. Road dead ended at a guys fence. Well he put a gate in the fence and started using the private road...until my sister put up a fence on her property with no gate. That ended the issue. Just have the last guy on the road put up a fence or plant a tree in the middle of the road on his own property. With five other owners I wouldn't count on that working.
"Be sure you're right. Then go ahead." Fess Parker as Davy Crockett
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Campfire Regular
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My sister had a similar deal. Road dead ended at a guys fence. Well he put a gate in the fence and started using the private road...until my sister put up a fence on her property with no gate. That ended the issue. Just have the last guy on the road put up a fence or plant a tree in the middle of the road on his own property. With five other owners I wouldn't count on that working. There are 4 other owners of my sister's road, she just happened to own the last lot on the road and the access point where the trespasser was getting on the road. If it's a thru street it ain't gonna work.
"I call that bold talk for a one-eyed fat man." --Robert Duvall.
"Fill your hand, you son-of-a-bitch!" --John Wayne.
~Molɔ̀ːn Labé Skýla~
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