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  1. #1
    Join Date
    Aug 2010
    Posts
    2

    Default Shared Roadway Easement and Fenceposts

    We live in a small sub-division in rural Iowa. There are 6 acreages in the sub-division, with the first house built 13 years ago and the last one 2 years ago. There is also a covenant that all homeowners were provided by the developer, but we have always operated with an informal homeowners association -- for care of a shared roadway mainly. This roadway runs through the edge of every property in the subdivision and is stated in the covenant that there is an easement for the roadway and it is the shared responsibility of the homeowners to care for the roadway (it is a gravel/rock roadway and needs additional rock every couple years, plus snow removal in the winter).

    Our issue is that the last house built is also the first plot in the subdivision and all other owners must pass through the easement on that property to get to our homes -- and the new owners of that lot do not want to work with the other homeowners. It started with them saying they would not pay for any rock put on the road by the company we were using. This company put rock on their driveway and they were not satisfied and sued them. So, we asked them to get another bid -- which they did, for only the portion of the roadway passing through their property. The disagreement has continued and for over a year and half, not maintenance has been done on the roadway -- which means we have large pot holes, mainly in the section through their property. What has happened is drivers coming in and out (UPS delivery, visitors, and the existing homeowners) have driven to the side of the roadway onto the grass in that section, which is very narrow (14 feet wide). So, these folks decided they did not want anyone driving on their grass and put up full-size metal fence posts at the edge of the roadway across their property. The posts are about every 6 to 8 feet, so you cannot get off on the shoulder at all -- and the roadway is not wide enough for two cars. It is very dangerous at night, because you can't see the posts and we have lots of deer in this rural area. We have been told by our county officials that even though this is dangerous and not what the county outlines for private roadways, it is up to the homeowners association to handle -- which could mean filing a lawsuit.

    Any suggestions? Do we need a formal HOA to proceed with this, or is there a way with 5 out of 6 homeowners voting to revise our covenant? (The current covenant does not stipulate the width of the easement or roadway -- or restrict fencing that close to the roadway). This is the country -- and we want to get along with neighbors, but making their grass and choice or rock companies more important than safety and the people who live here is nuts!! HELP!

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Shared Roadway Easement and Fenceposts

    I'm surprised that there is no width stated for the roadway easement.

    Do you have a copy of the subdivision plat? If not there should be one on file with the county. Your deeds should refer to the plat and probably include a book and page number in county records.

    The plat should show the extent and width of the easement and may contain other terms, restrictions, rights, etc.

    I wouldn't go any further without a copy of the plat.

  3. #3
    Join Date
    Aug 2010
    Posts
    2

    Default Re: Shared Roadway Easement and Fenceposts

    Went to the county and got a copy of the plat map, but there is no width stated. The sub-division has 2 sections (which the county includes together) and in the other section, their roadway is specified as a 60 foot easement -- 30 foot roadway and 15 foot shoulders on both sides. But, our roadway is not marked with any specifications. The width of ours is only 15 feet and now with the metal fence posts that have been put up at the edge, there is no way 2 vehicles can pass each other in that section (one must back up and allow the other to pass through).

    Knowing there is nothing on the plat, would you recommend forming an official association, or can the informal group hire an attorney to amend our covenant with specified widths of the roadway and easement? Thoughts?

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Shared Roadway Easement and Fenceposts

    Without being able to examine the plats, I'm at a loss as to how your existing easement is defined.

    If the county considers both plats to be one subdivision, a call for a 60' width might apply overall. In your section, is the centerline of the easement shown on the plat?

    Some things are obviously missing from the plat, and I would doubt it meets Iowa Code Section 354 and possibly 355, as you describe it

    The plats should be signed by a surveyor and I would recommend that you contact the surveyor if still in business, and try to determine the original intended dimension of the roadway easement.

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