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  • #16
    Quoth notalwaysright View Post
    I'd be sad if I had a nice chunck of land and someone put a road across it. Oh crap, am I siding with the cranky old guy?
    Easements and such are generally spelt out in the property deeds. However, as we all know, SCs do not read and therefore act as though the rights the deeds give to others do not exist. The opposite also exists. People will buy property not realizing there is no access to it. And life goes on.
    "I don't have to be petty. The Universe does that for me."

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    • #17
      Quoth notalwaysright View Post
      Arga, in the area my grandparents live many properties have no road access... In some cases it's because it's a sheer cliff on one side, and water on the other, so they have to use a boat. But some just don't have a road. The owners have to walk to their house. It's a very strange layout, but I have not heard of anyone legally putting a road onto someone elses property. Many physically couldn't because the houses are all these tiny beach houses and are super close together. I'd be sad if I had a nice chunck of land and someone put a road across it. Oh crap, am I siding with the cranky old guy?
      that's not quite what happens- or not usually. Basically ( and this is a simplification) if someone wants an easement over your land, they have to ask first. (there are exceptions ( there are two main ones: one is the easement version of adverse possession ( if they build a road, and you somehow don't notice for several years, you can't then require them to remove it for obvious reasons. The other is Easement by Estoppel- basically, if you sell someone a bit of land, promising (say) an easement allowing the property access to a road, then if you ( or your successors) change your mind, the courts will actually grant the easement.)

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      • #18
        Thanks, guys, that makes sense. Especially knowing the history of the area I was thinking of. It was bought from the government in the 1800s. Originally the govt was going to build a military base on it because it has a good view of Puget Sound. They didn't, they built over in Tacoma. So they sold the land and my family bought it. Over the years it got split up for kids, and their kids, and so forth. But since at one time it was all "in the family" everyone was super laid back about buildings. "Oh, you want to build a boat house? Sure! A second house? Go for it!"

        So it's only in the past 10-15 years that my family hasn't owned the majority of acreage. And like I said, some places would not reasonably be able to get a road to. Technically you could, it would just be very steep, and you still would have to cross other people's land who live at the top of the hill. I just looked at google maps, and there's about a dozen boat access only houses. Funnily enough, google actually shows a road connecting all those houses! I know for a fact that the road ends way back. It's a trap!
        Replace anger management with stupidity management.

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        • #19
          Quoth notalwaysright View Post
          Funnily enough, google actually shows a road connecting all those houses! I know for a fact that the road ends way back. It's a trap!
          I have read that at one time map companies would put fake roads on their maps as a copyright measure. If that road appeared on someone else's map, it was copyright infringement. I think Google does that to their maps. That's the only reason I can think of of the road down middle of some farm land we own where there has never been a road.
          "I don't have to be petty. The Universe does that for me."

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          • #20
            They way that gate-man's case came about was the "block" he lived on was a rural area with a wooded hill right in middle of a triangle of roads, with the developed lots along said roads, leaving the big hill in the middle kind of like the hole in an odd-shaped donut.

            When the new owner bought this central property, he was effectively fenced in, there was no way to get access without going over SOMEONE'S lot, so they found the shortest route out to one of those roads and linked it up to the existing driveway on that person's property, literally, the least intrusive they could be about it.

            Mr Gates didn't like that and tried to get a court to stop it, they basically told him they were sorry, but, a man has a right to access his property.

            Then what really set the whole thing off was Mr. Gates decided to pave his drive (it was dirt) and informed the new property owner that he expected him to pay for half of the cost because it was a shared road. New owner said he never agreed to the improvement, he was happy the way the road was, and if Mr Gates wanted to pave his half that was on him.

            And that's when Gates put up the gate and argued he'd take it down when he got paid.

            It came down when the cops cut the padlock off the second time.
            - They say nothing good happens at 2AM, they're right, I happen at 2AM.

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            • #21
              Think it thru

              What I would like to see is someone go to court and win his case that the utilities do not have a right to go onto his land. Best if he also wins a big cash settlement.

              Then *ALL* the other utilities pull out their services to protect themselves from future lawsuits. IE No gas lines, no water lines, no sewer lines, no cable, no electricity, no telephone ... nothing. Then watch him scream.

              It is one thing to live in the country without those services, it is a totally different thing to live in a town or city without them.

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              • #22
                In my home town, there was a warehouse building located off one of the main streets. To get to that building, you HAD to cut across the parking lot of a car dealer. For most of the time, there wasn't a problem.

                Then someone bought said warehouse and put a dance club in it, and the car dealer started having issues with vandalism and damage to the cars, since people getting to the club had to go through the parking lot.

                In the end after months of complaining, the car dealer put up chain link fencing to make a driveway to the club..

                As far as I know the vandalism issues stopped, but that may have been as much due to the club going out of business and a textile factory and furniture store moving in.

                As the google image above shows, the car dealer closed down 2-3 years ago, and I believe even that warehouse building is empty now too.... but the fencing is still there. (The wider driveway overlaps the trail/old railway. While the rail line was gone long before these issues came up, I suspect they weren't able to get permission to use that little section as a driveway until long after the fences went up)

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