Betsy Connor Bowen wrote:
Michael Connolly wrote: Please comment on the rights of non member with easement over a non profit corporate road association maintenance area to do plowing, sanding or making the road safe for his passage when not done in time or inadequately by the association at the time of use by the non member. Please also comment on doing neglected work on association road that causes run off damage to the rest of your right of way outside of the association area. Can I assume that I still can do basic maintenance that does not burden the owners of the right of way, in this case, the road association ?
Thank you.
Sorry for the delay in responding. Busy days in the environmental world of late. I take it you access your property using the road but are not a member of the road association. Background needed. What is the source of your easement? There must be a reason why you don't you belong to the association. It sounds like there is a conflict -- that you want to do additional work that they aren't doing and they are challenging your right to do it. Was the association also formed under Maine statute? If not, you don't have to belong. If so, you face penalties if you don't. As for your legal right to do the work, it seems to me you have the right to access your property. However, I am not an attorney.
Would other members of the group address this?
Thank for your reply.
We belong to a separate statutory road association formed at the same time under the provisions of the private ways statute and theirs is a corporate non profit, and we in the separate association did not sign their agreement. The area in question as we leave ours, has been upgraded by matching funds some years ago through the local county conservation district and was expected to receive proper maintenance. They have members who in this area have signed on to their association. We travel over this road way with our deeded right of way easements. Their road maintenance has been inappropriate in many areas and this area being in our water shed to the lake is of concern for our lake and our road below. One of the big reasons we could not come to terms with them in forming one association, is their unwillingness to do proper maintenance to all our roads if we joined. Our roads are closer to the water and we will soon need to have work done by DEP certified labor.
I feel that, just as our right of way passes over someone else land, we have the right to do basic maintenance that does not create an undue burden to the owners, whether they belong to their association or not. Otherwise, how could we continue to plow or sand our way out which they do not do before many of us leave in the morning ? Or, rake the ditches and culverts and crown the road in this watershed area which they have not done. If not done in the past, the water runs down our road and causes severe erosion. Our area is much steeper than theirs with more acute problems The work we do has been inspected and approved by county officials in the past as a follow up to the supplied funds. Some of us in our association are working toward being DEP certified in proper erosion control.
There is politics involved as the other association wants to avoid as much cost as possible because they do not feel they have the responsibility we do for this watershed to our lake area and roads.