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  1. #1
    Join Date
    Oct 2009
    Location
    Flat Rock, MI
    Posts
    25

    Default Guardrail Installed Over My Driveway on My Vacant Property

    My question involves an easement in the state of:Michigan, Wayne County.

    I recently purchased a vacant parcel of 10 acres. There was an existing driveway with culvert that is located approximately 30 feet from a county drain into a deep ditch. There is a guardrail they installed on either side of the road for the county drain. The problem is that they installed it across my driveway to the property. The driveway was there before they installed the guardrail but was grown over with weeds. I've emailed the road commission with no response and when I call I go to an automated voice mail every time with no response in an attempt to request them to move it. Looking at it yesterday the rounded end cap only bolts onto the beam and the 10 ft section blocking my driveway can be easily unbolted and removed. I was thinking of getting rid of the 10 ft section blocking my driveway and bolting the end cap back onto the other section (that section ends right where my driveway begins with sufficient protection of the ditch/drain but allowing me access to use my driveway). I would then have to remove the two 4x6 wood poles but that won't be a big problem. Can I do that legally and if not what are the repercussions of doing that? Thank you for your time.

    P.S. Another thing I noticed too was that there are unused sections of guard rail (over 10ft long and heavy) and large lag bolts in the weeds on my property across from where they installed the guardrail like they left them behind when doing the job.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,577

    Default Re: Guardrail Installed Over My Driveway on My Vacant Property

    I'd give the road commission a few more days. They are probably pretty busy in your county.

    If you don't hear back from them in a reasonable time period, contact your elected County Commissioner with the problem.

    In general, all adjoiners to public right of way (except for limited access roads such as interstates or similar) have a right to access the public right of way. Your local government has a "police power" which they can use to regulate, but not prohibit, your right.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Guardrail Installed Over My Driveway on My Vacant Property

    you may have to have a permit for a drive though even with your rights to access the roadway. Is there a permit issued for the drive?

    and no, it is not legal to remove the guardrail yourself.

    what are the repercussions of doing that?
    in a worst case scenario, setting in jail but more likely, if found liable, the cost of replacing everything.

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