Does Road Have Legal Access To State Highway ?
As in written access. That a road has been built does not legally satisfy.
The "Homeowners Association" exists since it was created by the plat. Other formal writing not required as it is de-facto the owners of the 4 lots.
Paul in PA
> No homeowners assoc. was ever created. This property was previously a 20+ lot subdivision from the 70's. I believe the plan was to have a mobile home park. The current configuration was platted in 1996 and approved by the county.
Although separate documents may not have created guidelines for the HOA it technically was created and is comprised in equity of the adjacent lot owners in the subdivision. In this case of 4 lots. Have B, Owner of Lot 4, improve the road and send 3/4 of the bill to M as he is responsible for that share being owner of lots 1-3. LOL
With no HOA documents for guidance you may need to have B lawer up just to stop the actions of M and his lawyer. IMHO M is in the wrong and unless you can clearly convince him and his attorney of that, you may need a land use lawyer representing B do do it.
You should also get official positions of the Local jurisdiction in writing and the DOT. Im guessing they would interpret the driveway access to be common to all the adjacent owners as originally platted.
In regards to the HOA creation, legal status etc. Im guessing there is case law out there that covers this type of Creation without secondary documentation and the rights involved.
Seems very straight forward. Lot 4 was part of the subdivision. They could volunteer their rights away.
I hope this goes the right way. Then I hope the lawyer and other surveyor are sent to their disciplinary boards.
I think I'm with the general consensus of the later posts. My question would be is that the current active recorded subdivision plat? Has anyone done a "replat". If that plat is active, it seems to me that the road is either dedicated (on the plat), or it is there for the enjoyment of all of the members of the subdivision.
If that is a state (or federal) highway, they would need an access opening if they are not allowed to enter on the platted roadway. If they do not have any legal access to their property, someone can't create that situation. No one had a right to sell the access roadway if it landlocked a property.
It if very important, as I see it, to find out the status of that subdivision map and/or if it has been replatted. If it has been replatted to being an "outlot" and someone can own it in fee, it is highly doubtful that they can landlock anyone with that action.
It could be that the highway department granted an access opening to that lot, but I would doubt it. I would guess that they already have an opening and would not grant a new one so close to the existing (but you never know).
