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Maine Alliance for Road Associations

Fence in Right of Way

  • 29 Dec 2013 9:55 AM
    Message # 1464610
    Deleted user
    A neighbor has constructed a 30 ft fence of 6x6 lumber in front of his property that lies 10'-12' beyond his property line and well into the 50' road easement and very close to the travel way. It impedes snow removal and creates a potential hazard when two cars meet on the roadway.

    Any thoughts on how to force the removal/relocation of this fence? It rests on the commonly held road easement owned by the 155 association members.

    Thanks, 
    Stu Gerald
    Wildewood Estates Road District
    Rome, Maine
    Last modified: 29 Dec 2013 1:58 PM | Deleted user
  • 03 Jan 2014 3:36 AM
    Reply # 1467137 on 1464610
    Deleted user
    That's a lot of good wood.  Could the road association use it to construct a utility shed or nice gazebo?  Just kidding, sort of.  Most of the time a conversation with the offender works.  I personally avoid, as President of the Association coming on too strong too fast.  Having said that, I am not against sending a certified letter with the association's position on the matter, solution requirement, and time frame for remediation.  My issues this past year have been surrounding loggers destroying roads (I have 22 miles of them to manage) and unfortunately while the discussions went well pre-harvest,  the cooperative decisions were ignored.  I needed to play hardball with them, did and had good results.  I find it sad sometimes civilized cooperation is viewed as weakness and tough-guy, or-else type communication is the only effective way to get it done.  Fact is, it is the only thing some people understand and while it is confrontational, it is their normal way of doing business.   Nothing is better than having things clearly included in your bylaws and recorded at the registry of deeds.
  • 06 Jan 2014 2:33 PM
    Reply # 1468813 on 1467137
    Deleted user
    THOMAS DECOSTE wrote:That's a lot of good wood.  Could the road association use it to construct a utility shed or nice gazebo?  Just kidding, sort of.  Most of the time a conversation with the offender works.  I personally avoid, as President of the Association coming on too strong too fast.  Having said that, I am not against sending a certified letter with the association's position on the matter, solution requirement, and time frame for remediation.  My issues this past year have been surrounding loggers destroying roads (I have 22 miles of them to manage) and unfortunately while the discussions went well pre-harvest,  the cooperative decisions were ignored.  I needed to play hardball with them, did and had good results.  I find it sad sometimes civilized cooperation is viewed as weakness and tough-guy, or-else type communication is the only effective way to get it done.  Fact is, it is the only thing some people understand and while it is confrontational, it is their normal way of doing business.   Nothing is better than having things clearly included in your bylaws and recorded at the registry of deeds.
    Thanks for responding.  In this case, the offender is the confrontational type and he placed this fence deliberately to provoke a confrontation with the guy who plows the road.  Have already had one incident with the snow plower scraping the fence (minimal damage to both) but enough for the fence builder to call the sheriff who told him its a private matter on a private road.  We are going to see whether the plowman seeks damages (doubtful) but are fully documenting so as to build the case for the annual meeting for the members to vote to have the fence removed from the right of way.
    Sound like a plan?

    Stu Gerald
  • 08 Jan 2014 10:06 AM
    Reply # 1470703 on 1464610
    Sounds like a plan to me! 


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