State = Missouri
Zoning Laws = No
Road = Private
Total land = 232 acres
Subdivision = 20 acres located on the corner of 232 acres
Over 50 years ago a 20 acre river community was developed by a land owner along the Mississippi River. A private road was constructed to allow access to approx 60 lots on the East side of the road. On the West side of the road there is a lake with a 30 ft or less strip of land that lies between the road and lake. On the East side of the road behind the 60 lots lays the river approx 175 feet from the property lines. Of those 175 feet the US Corp of Engineers has 150 feet which leaves 25 feet that the land owner still owned.
Rights were given to the residents to fish the lake and to have access to the river where land owners had built boat docks and it has been that way for over 50 years despite several owners.
A new owner has purchased the entire 232 acres including the un-sold lots and left over property in the subdivision. The new owner is the process of installing a barb wire fence on the opposite side of the road. Although only the posts have been installed they have been placed right on the edge of the road to approx 2 ft away as they follow the road. This is a single lane road that varies from 10 to 14 feet wide. The fence placement has caused issues with backing out of driveways and hitting the fence causing damage to several cars. The new owner has also indicated that he may be installing a fence at the back of the lots which will block access to the river.
There has been discussion with the owner to try and work out a compromise on the fence already under construction but with no luck. I think he knows that we will end up in court if the fence on the river side goes up. Right now my concern is the fence along the road that needs to be moved to a more reasonable distance from the road edge so cars are not damaged and residents can back their boats in their driveways.
That is it in a nutshell and any information or guidance that can be provided will be appreciated.