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Old 11-08-2010, 01:11 PM
 
Location: Heading to the NW, 4 sure.
4,468 posts, read 7,974,220 times
Reputation: 8743

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We just found out that the property we bought, 120 acres, does NOT have year round access from the county road.
The seller told us no problem, it is maintained. The county said today, NO, they will not maintain the road. It is a county dedicated road that has many spots over the 2.5 mile route that become impassable during the winter due to snow/mud/flooding.
We have lived at this spot for 2 years and I have written to the county, state, and feds...no help.

Also, the culvert that makes the access to the county road needs to be replaced and the county road manager said it is out responibility.

????
HW
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Old 11-08-2010, 01:41 PM
 
Location: A little suburb of Houston
3,702 posts, read 18,165,585 times
Reputation: 2090
So who owns the road? Is there a maintenance agreement between the owners or by one of the owners? That info should be in some easement agreement. It might be attached to your paperwork, the easement owner's paperwork, or on the plat record.
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Old 11-08-2010, 01:58 PM
 
Location: Salem, OR
15,513 posts, read 40,240,193 times
Reputation: 17383
You need to talk to an attorney.
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Old 11-08-2010, 02:37 PM
 
Location: Heading to the NW, 4 sure.
4,468 posts, read 7,974,220 times
Reputation: 8743
Default RE the road

Quote:
Originally Posted by Poltracker View Post
So who owns the road? Is there a maintenance agreement between the owners or by one of the owners? That info should be in some easement agreement. It might be attached to your paperwork, the easement owner's paperwork, or on the plat record.
The road is owned by the county.
I wrote to one of the state senators and he said, "yes the road is to be maintained all the year".
But, the county manager and supervisors say: sorry, we don't have $$ for outlying areas of the county.

Guess call the state next...
What a mess.

HW
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Old 11-09-2010, 04:41 PM
 
Location: A little suburb of Houston
3,702 posts, read 18,165,585 times
Reputation: 2090
County dedicated and county owned are not the same thing. Anyone can dedicate an easement to the county but the county does not have to accept it. That means someone else still owns it (maybe even you). Your best bet is to get a title search as to who owns the road and go to an attorney or get the attorney to get the title search done.
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Old 11-10-2010, 11:06 AM
 
3,398 posts, read 5,087,943 times
Reputation: 2422
Quote:
Originally Posted by Poltracker View Post
So who owns the road? Is there a maintenance agreement between the owners or by one of the owners? That info should be in some easement agreement. It might be attached to your paperwork, the easement owner's paperwork, or on the plat record.
I think this is the best advice so far. There are county roads that are maintained privately by those who live on them. That could be what the seller meant when saying it is maintained. If there is an agreement the title company should be able to provide it if they have not already.
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