Results 1 to 3 of 3
  1. #1
    Join Date
    Jun 2011
    Posts
    2

    Question County Rights to Use Right of Way for Storage of Materials

    My question involves real estate located in the State of: Texas

    I own a piece of property that abuts a county maintained road that has a very wide right of way (over 100') and a narrow pavement (about 25"). When the easement was granted to the county in 1950, the easement document said that it was to be used and maintained by the county "...solely as a roadway for use of the public. By the acceptance of this deed of dedication to the public for right-of-way, said County agrees that it will use and maintain said right of way solely as a public roadway and will not conduct or permit any person, firm or corporation to conduct any business of whatsoever nature, in or upon said easement or any parcel thereof, and that it will not construct or maintain, or permit any person, firm, or corporation to erect or maintain structures af any kind or nature, therein or thereon".

    However, the county is using the right of way to store various materials that it uses in its roadway maintenance program (such as asphalt, road base materials, concrete road lane dividers, etc. It is unsightly and unsafe and blocks access to our property in several spots along our frontage.

    In my opinion, the County has no right to use the right of way in this manner. What is your opinion?

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: County Rights to Use Row for Storage of Materials

    In my opinion, the county most likely classifies them as temporary materials, and not structures. A structure is typically defined as a man made enclosed space, such as a house, garage, and sometimes a shed, etc.

    The county has every right to use the entire 100' right of way as it sees fit to fulfill it's obligations to the public.

    As for blocking access, are they blocking your driveway? Typically a county road will only allow so many points of access from a single parcel (usually one point of access ie a driveway), for traffic control and safety purposes. Do you have several driveways coming off of the county road, such as farm roads for example? The county probably views only one driveway on your parcel as a true access, and any others that may exists as a convenient spot to store materials.

    I'm sure this is not what you wanted to hear, but you did ask for opinions.

  3. #3
    Join Date
    Jun 2011
    Posts
    2

    Default Re: County Rights to Use Row for Storage of Materials

    Thank you for your insight. While it certainly is not what I wanted to hear, nor do I necessarily agree, it is good to get a point of view from an unbiased source so I can better anticipate what their argument may be.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 1
    Last Post: 03-26-2011, 02:45 PM
  2. Ownership Rights: What Are My Rights to My Things in Storage
    By itsme in forum Personal Property
    Replies: 3
    Last Post: 08-28-2009, 06:50 AM
  3. Anyone Know of a Good Father's Rights Attorney Merced County California
    By dad1234 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 01-15-2009, 05:00 PM
  4. Rights to Use a County Right-of-Way
    By Dawn_daroo in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 08-27-2008, 12:24 PM
  5. Voting Rights Seminole County Florida
    By lvc911 in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 03-23-2008, 06:11 PM
 
 
Sponsored Links

Legal Help, Information and Resources