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Maine Alliance for Road Associations

Experience dealing with a contentious road owner?

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  • 29 Jul 2009 1:20 PM
    Message # 201010
    Deleted user
    Was wondering if anyone has experienced dealings with a contentious "road owner" that has resented the formation of the association.  He resides but does not own a home on the road that he owns.  The way I read the law he does not even have a vote as he does not traditionally benefit from the road.  Is he included in any association dealings/decisions?  Thoughts?
  • 29 Jul 2009 1:36 PM
    Reply # 201013 on 201010
    Deleted user
    Ray Ronan wrote:Was wondering if anyone has experienced dealings with a contentious "road owner" that has resented the formation of the association.  He resides but does not own a home on the road that he owns.  The way I read the law he does not even have a vote as he does not traditionally benefit from the road.  Is he included in any association dealings/decisions?  Thoughts?

    Are you saying that while he owns the road itself, he does not own any parcel (with or without a house on it) which is benefited by the road? 

    If he owns any parcel benefited by the road, he would be a member of the association and entitled to a vote.  Arguably, the parcel on which the road lies is itself benefited by the road.

  • 29 Jul 2009 2:08 PM
    Reply # 201035 on 201010
    Deleted user
    He resides on the road that he owns but does not a house or land.  He does own a parcel (no structure or driveway) on a side road off of our association road (which is not a part of our association) which has been deemed an illegal subdivision by the town of Windham.  I believe he owns both roads.  Thanks for your interest-enjoy reading your posts.
  • 29 Jul 2009 3:20 PM
    Reply # 201056 on 201035
    Deleted user
    I think you'll need to determine if the parcel he owns:

    1. has an easement for the use of your association road, -or-
    2. is actually part of the same parcel as the road itself. 

    If either of these is true, then he is part of your association.

    Last modified: 29 Jul 2009 3:20 PM | Deleted user
  • 30 Jul 2009 7:09 AM
    Reply # 201314 on 201010
    Anonymous member (Administrator)
    Ray Ronan wrote:Was wondering if anyone has experienced dealings with a contentious "road owner" that has resented the formation of the association.  He resides but does not own a home on the road that he owns.  The way I read the law he does not even have a vote as he does not traditionally benefit from the road.  Is he included in any association dealings/decisions?  Thoughts?
    So he resides in a home that he rents? Because renters can be road association members and vote.

    What do you mean by "he owns the road?"

    "Benefit from the road" -- does he use the road? Or does he have property whose use requires use of the road even though he many not be availing himself of that use at the moment?

    I'm thinking his contentiousness is the real problem. His standing may not be, but that's unclear. If he's not in the majority, the process will take care of him; try that, if possible.

     
  • 30 Jul 2009 11:55 AM
    Reply # 201414 on 201010
    Deleted user

    Betsy-So he resides in a home that he rents? Because renters can be road association members and vote.

     Ray-I do not see where the law allows a renter a vote.  I suppose an owner could use the "absentee" process but that supposes that the association has incorporated such a thing and we have not.

    Betsy-What do you mean by "he owns the road?"

    Ray-This person bought a parcel of land from a bankruptcy situation and inherited a short road.  He then proceeded to sub divide by using a loop hole that allowed development, living in the property for two years I think, and then reselling to a relative and doubling the length of the road to accomodate his house sales.  This loophole has since been closed but that is our history.  Whenever an existing parcel that he does not own is developed, if they want access to the road, he charges about $10K for the easement.  I have yet to find a document that supports this but the last easement/access to the road that was bought involved lawyers and was fought over.

    Betsy-"Benefit from the road" -- does he use the road? Or does he have property whose use requires use of the road even though he many not be availing himself of that use at the moment?

    Ray-Yes, he uses the road.

    Betsy-I'm thinking his contentiousness is the real problem. His standing may not be, but that's unclear. If he's not in the majority, the process will take care of him; try that, if possible.

    Ray-Yes, his contentiousness is a "nuisance" but is dealt with by the association.  He has thrown up some smoke screens and put forth blatantly false perceptions about what his "rights" are regarding the association (i.e. he tried to convince us that he had veto rights over just about anything we did), that sort of thing.  The house that he built, then sold to a friend but continued living there (getting a picture here?) is in foreclosure so who knows what will happen.  This is not an unusual position for him to be in (picture getting clearer?) I was just curious as to whether or not any other associations have had to deal with this and what their stories were. 

  • 26 Aug 2009 4:58 PM
    Reply # 211602 on 201010
    JB
    Question: I have a member of our association who claims

    A: they own the road, and
    B: The word "association" implies that the association owns it.

    The member has been against our forming the group from the start and I believe is attempting to "kick up some dust".  I don't want to get into any argument, either neighborly or legal, so I'm looking for some advice.  Has anyone else out there dealt with these issues?
  • 28 Aug 2009 8:00 AM
    Reply # 212252 on 201010
    Deleted user
    I have a letter from an attorney that states if you live in a subdivision and the road was not specifically deeded to anyone else, you own to the middle line in the road.  So everyone who is in the subdivision owns to the middle line of the road.  If you own property on both sides of the road, you own the complete road beside your property. Unless of course your deed specifically states that you do NOT own the road.
  • 28 Aug 2009 8:03 AM
    Reply # 212253 on 201010
    Deleted user
    Of course this does not supercede the fact that all owners may have a right of way over the road. 
    Also no-one can stop you from forming an association.  That is your legal right.  Does not mean that he has to join.  You cannot not under government law force anyone to join an association.
  • 29 Aug 2009 7:34 AM
    Reply # 212596 on 212253
    Deleted user
    Patricia Dignard wrote:Of course this does not supercede the fact that all owners may have a right of way over the road. 
    Also no-one can stop you from forming an association.  That is your legal right.  Does not mean that he has to join.  You cannot not under government law force anyone to join an association.

    The person I spoke of before says the road was deeded to her, but after reading the laws, I don't understand what ownership of said road entitles you to.  Its our right-of-way, in which we have 50 feet width to do with as we please.
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