My question involves personal property located in the State of: Florida (Indian River County)
I would greatly appreciate your legal advice regarding an irregular road connection, at my current home, in Indian River County Florida. I want to determine if I have the legal right to block it. This inquiry is ideally suited for a land use attorney, who is familiar with land use issues. I look forward to your responses. Thanks, in advance, for your kind assistance.
The situation is as follows: My property has a private dirt road, which is a right of way easement, for a landlocked property to the North. In 2015, a new property was built, on the lot to the West. The previous home owner gave this new household permission to connect, in exchange for road repairs. Consequently, my dirt road is part of their address. However, this property is not landlocked. The southern border of their lot is right by a public road.
The matter is that they have widened their 90 degree road connection substantially and it has now created an attractive turn-around point on my road. Thus, producing a security issue. Strange vehicles and industrial trucks enter my lot, to turn around and/or momentarily rest. The title company that executed the closing evaded addressing this issue (which was never disclosed). I need to know if this road connection is illegal, as they appear to be piggybacking on my right of way easement.
As a side note, it might be important to mention the owners of the newer property contacted me two years ago. They complained their vehicles were getting dirty, due to pot holes on the road. They asked me for written permission to repair them. Consequently, in good faith, I wrote them an e-mail giving them permission to specifically fill the pot holes affecting them, with an economic aggregate. A few weeks later, when I was not home, they resurfaced the entire road, without my knowledge or consent.