can a person use a private road to enter property not part of the private area?

Question

a person wants to use a private road to enter his property that is not in the bounderies of the private community, can he do this or must he get permission from the home owners association

Answer 1

If this person has no rights to the private access easement, then he cannot use it for his own purposes. He would need permission from whoever holds that private access easement. However if this easement reads that it is private to those home owner's in the area and he is one of those home owners, then yes he can use it.

I would suggest getting the recorded easement document from the County Recorder and seeing how it is worded and who it has been granted to. If he is not one of the grantees, then again no he could not legally use the road.

Answer 2

the final rule is here: a million. The dominant property is to blame for upkeep and upkeep. 2. travellers, contractors, agency friends, and widespread invitees are all allowed to apply the easement to get admission to the dominant property. 3. you may no longer charge everybody for the easement. 4. you may no longer use the easement in a fashion which will intervene with the purpose of the easement. So, you may no longer park automobiles on the easement if which will stay clear of your associates from passing over the easement. yet, you may plant grass there, if the grass would not stay clear of automobiles from passing by way of. I say those are the "widespread" policies because of fact they may well be altered via settlement. case in point, if, on the time the easement replaced into created, the events exact interior the deed that upkeep could be shared between the dominant and servient estates, then the upkeep would be a shared rate. Likewise, the events ought to agree that for the time of straight forward terms specific persons, or specific automobiles, are entitled to apply the easement. events could additionally agree at time the easement is created whether the easement would be paved, whether it is gated, etc. events could additionally agree that dominant property shall pay a each year fee of $XX to the servient property. there's an excellent variety of flexibleness allowed interior the advent of easements. additionally, you & the dominant estates can comply with adjust the prevailing easement contract. Your criminal accountability relies upon on state regulation. At worst, you're to blame in the experience that your very own negligence reasons injury to everybody on the easement. occasion of your very own negligence: you already know that youngsters play basketball there. you be conscious some bears interior the section. So, you positioned up some undergo traps next to the basketball section. You disguise the traps with some foliage. a new child taking part in basketball steps on the traps. you would be to blame for the youngster's injury. As you will see, the 1st place to seem for solutions on your questions is the deed that created the easement. BTW, "dominant" property is the valuables it is benefitted via the easement, i.e. your neighbor's property. "Servient" property is the valuables careworn via the easement, i.e. your very own residence.

Answer 3

depends. Most private roads have built in right of ways if they are Class III or lower. A private community roads have usually been accepted by the city, and are not really private at all.

Answer 4

If your property is "locked in" you are entitled
to a right of way. Locked in such as having
land with other property all around yours.

Answer 5

Depends on local and state laws.

Answer 6

Each state has different laws regarding this issue.

Answer 7

no you cant sorry