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You can't force someone to rebuild the bridge so the property owner that wants access for their cabin should rebuild the bridge on their side of the line and the property owner on the other side won't have access. I'd put up a gate or something so they can't use the bridge.
What permits are required for a new bridge? The complexity of getting permits would be the only thing that would make me consider repairing this potential trouble point. Is the road leading up to the bridge also a shared road?
What about buying a few feet of property from the absent landowner so the property line can be moved off the bridge? No matter what I would want to get some kind of agreement in place to keep from having future problems.
What permits are required for a new bridge? The complexity of getting permits would be the only thing that would make me consider repairing this potential trouble point. Is the road leading up to the bridge also a shared road?
What about buying a few feet of property from the absent landowner so the property line can be moved off the bridge? No matter what I would want to get some kind of agreement in place to keep from having future problems.
Your questions are why I asked above about ballpark cost numbers. At a certain dollar amount, some of your points make sense. A $100,000 bridge might warrant looking into buying land, or an agreement. A $5,000 trestle... eh, just do it.
What permits are required for a new bridge? The complexity of getting permits would be the only thing that would make me consider repairing this potential trouble point. Is the road leading up to the bridge also a shared road?
What about buying a few feet of property from the absent landowner so the property line can be moved off the bridge? No matter what I would want to get some kind of agreement in place to keep from having future problems.
Even permits for a repair are going to be a pain. Worst case you'll have the state's DNR, the state's Department of the Environment and the US Army Corps of Engineers weighing in. That means three levels of review, three levels of public comment and three levels of recommendations. For the last, the other agencies have to approve and any changes after initial approval have to go back up and down the chain for review, public comment, etc.
That's what turns a project that has a three month construction phase turn into a seven year ordeal of permit chasing.
Either shift the bridge to your lot or put in a pipe and build your driveway over the top. However, like the articulate poster above wrote, first offer to share the cost of repairing/replacing with the neighbor. Get his answer in writing and maybe have it recorded. That way when he later sues you to use your new crossing you have proof he gave up his opportunity.
Even permits for a repair are going to be a pain. Worst case you'll have the state's DNR, the state's Department of the Environment and the US Army Corps of Engineers weighing in. That means three levels of review, three levels of public comment and three levels of recommendations. For the last, the other agencies have to approve and any changes after initial approval have to go back up and down the chain for review, public comment, etc.
That's what turns a project that has a three month construction phase turn into a seven year ordeal of permit chasing.
It's even worse than that if you move or modify a bridge. This is off of a state road within the legal ROW, in a flood plain, near a bend in the road, and they probably would not let you build what is there now given all of the regs instituted since it was put in. Best I can tell is that the cabin owner can try and sue for reimbursement for the shared owners "proportional use" of the cost to repair the bridge - whatever that is. Big mess. I don't own it but was researching it for someone. Thanks for all of the replies.
We had a question a few months back about a similar situation with an old bridge. - Same friend maybe? I really think your friend needs a local land use attorney. The local history and local regulations are going to make all the difference.
I don't think you can force the other owner to pay half, but I am not a lawyer in your area.
If the neighbor won't pay half, I'd build a new bridge on my property and put a gate on it so he couldn't use it. Then let him worry about the existing bridge.
Probably you can't buy his easement from him and then block him from the existing bridge. Most placed won't allow you to landlock another property and he would have an easement over the bridge just from his established use of it.
Check with your insurance company and see if they will cover the repair since it is flood damage.
It is probably cheaper and easier to repair or rebuild the bridge exactly where the current one is. That's where the grandfathering on any environmental impact is, and that's where the current road and other footings are.
So while I agree it might feel good to build a new bridge and keep the neighbor off of it out of spite ... It will probably cost a lot more to do that.
The current cabin owner should want to preserve his own future value and fix it because he needs it. The current neighbor may not own it forever.
I very much doubt that either party carries insurance on that bridge, especially if it's in a flood plain already. I also very much doubt either the town or state will sign off on a culvert in a flood plain unless it's a massive construction. Towns are ripping those things out and replacing them because they cause flooding problems.
The OP's friend needs a real estate lawyer to sort out the repair obligations AND to help with the wetlands permitting process. My experience in NH is that the process will take several years and cost well over $10-15K. It would be advisable to get a jump on it before the bridge becomes completely unusable. It's also possible the state will make him move the bridge to entirely a new location.
Last edited by KCZ; 08-02-2021 at 03:27 PM..
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