Speed bumps

[Blossum]

Hi, I live in Western North Carolina and share a gravel, mountain road with 8 other families (I live at the top, or end of the road). My neighbor at the bottom of the road decided about a year ago that everyone was going too fast on the road that goes through his property and by his house. He therefore used his tractor/scrape blade to put in 6 speed bumps on the road through his property (about a 10th of a mile). These bumps are angled, at least 8-10 inches high, and twist our vehicles badly when going over them (he put them at angles). My daughter's car snapped a tie-rod going over one and when I confronted him about taking them out and paying for her repair bill, he just shook his head and said "No...I will not tolerate speeding on this road by my house". Needless to say, no one on the mountain can stand this guy. My wife talked to our county Sherriff's office & Magistrate's office...they both said that he had no legal right to impose the speed bumps on us, and that we had every right to take them out. The 8 families are now talking with one another about getting our own tractor/blade to scrape them out. We know that once we do, he'll put them right back in, and then we'll have to take them right back out. My question is, since we have right away and maintenace privilges, can he legally prevent us from scraping the speed bumps out? He honestly thinks that he owns & controls the road that runs across his land, but don't we have as much right to that part of our road as he does? Everyone is sick of having to go 2 mph over these bumps, plus the damage that they are doing to our vehicles. Thanks for your thoughts.

[lwpat]

My suggestion would be for all of you to send him a letter CRRR complaining about the bumps and reference your right to maintain the road. Then find out who is doing the speeding and see to it that they stop. If he puts them back in, sue him in small claims for the damage to your vehicle.

[aaron]

If he puts them back in, sue him in small claims for the damage to your vehicle.

Or collectively (with the other homeowners, splitting the cost) take him to court and get an injunction against his interference with the easement before any additional damage occurs.