Posted on: 10th Oct, 2011 04:22 am
About 40 years ago a gate was installed on our private road. Access to the river is a deeded access only. The gate was installed by the road assoc. to ward off . underaged drinking, drugs and other things. My question is who owns the gate? The property owner or the road assoc.? I live in N. California
We can not answer such an ownership question.
Who owns the private road?
Are you saying the property owner and the road association are two different entities?
If they are two different entities, the road association would need an easement or right of way in the owner's deed to have the right to use the road.
I would guess the road association would have needed the property owners permission to put up the gate in the first place if they had no legal authority over this private road.
Why do you ask this question?
Who owns the private road?
Are you saying the property owner and the road association are two different entities?
If they are two different entities, the road association would need an easement or right of way in the owner's deed to have the right to use the road.
I would guess the road association would have needed the property owners permission to put up the gate in the first place if they had no legal authority over this private road.
Why do you ask this question?
Hi wdover!
Welcome to forums!
I agree with what John has said. However, it is also true that there are high chances that the road association owns the gate.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
I agree with what John has said. However, it is also true that there are high chances that the road association owns the gate.
Feel free to ask if you've further queries.
Sussane
I think your right on the road assoc. being the owner but will check with the owner of the property that the gate was on about the easment rights. The sad part is the road assoc. does not have the money to take the people to court or pay the county $1500 for a permit to replace it. I thank you for your input. wdover40
You're welcome, wdover!! It was my pleasure assisting you!! :)