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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.
Being in the legal ROW of a state department of transportation? Yeah, that's a big mess and not going to happen.
If the damage was caused by flooding, would it be covered by insurance?
No.
Quote:
Originally Posted by oregonwoodsmoke
Check with your insurance company and see if they will cover the repair since it is flood damage.
His regular homeowners insurance policy definitely will not cover it, and even FEMA's flood insurance policy states that it doesn't cover losses to property and belongings outside of a building. FEMA provides examples of such non-covered items as "trees, plants, shrubs, wells, septic systems, walks, decks, patios, fences, seawalls, hot tubs, and swimming pools." And although a bridge isn't specifically noted, I think it would be safe to assume that it would be an uncovered item as well.
Moreover, FEMA goes on to add that its flood policy does not cover "the cost of complying with any ordinance of law requiring or regulating the construction, demolition, remodeling, renovation, or repair of property, including removal of any resulting debris." So even if the county for some reason were to mandate that the owners repair the bridge, their insurance still wouldn't cover any cost.
Maybe if the vacant lot owner isn’t interested in forking over anything, cabin guy should rebuild the bridge entirely on his property. That’ll teach him.
Depends, the property may have a right of access, so no matter where the bridge is the other person could use the new bridge.
Depends, the property may have a right of access, so no matter where the bridge is the other person could use the new bridge.
In Texas, no. Right of access prevents properties from being created/sold that don't have access to a road. Either they have to touch a road (ie, have access), or an easement is created/granted at the time the property is divvied up.
You might have to build a driveway, or build a bridge, or whatever. But you can't use a neighbor's property if yours also touches the road.
But this is a different state. Nonetheless, the concept that someone could use your property to get to theirs, when they can just as easily create access would be surprising.
In Texas, no. Right of access prevents properties from being created/sold that don't have access to a road. Either they have to touch a road (ie, have access), or an easement is created/granted at the time the property is divvied up.
You might have to build a driveway, or build a bridge, or whatever. But you can't use a neighbor's property if yours also touches the road.
But this is a different state. Nonetheless, the concept that someone could use your property to get to theirs, when they can just as easily create access would be surprising.
My parents owned a property in another state. They were allowed to use the neighbors property to access theirs. They eventually built a bridge to their property, but until that was done they had right of access to their property through the neighbors property. Mind you this was in the country and things are different out there.
We have a case ongoing here right now where someone bought a piece of property behind another one (which has been in that family since Emancipation) that is accessed by a common lane. Well the new owner of the rear property put up a locked gate at the entrance of the road and has refused to allow the front legacy owners access.
What complicates things is the fact the legacy owners have never transferred the property through the generations due to inventive land acquisition practices by "investors" here through the years.
There are various state, county, and town laws and codes here that no one here could possibly give you the answer. You need to speak to a local attorney and building code officer.
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 remember that thread. This seems like the exact same story.
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