My question involves an easement.
I am the association's president of a 12-lot posted private and residential subdivision with a road down the center of it. Our subdivision is off a town road and is surrounded by vacant woods that non-resident snowmobilers from 4 different areas began to use about 5 years ago as a shortcut through two of our landowners properties (each on opposite sides of the road). Both landowners just posted No Trespassing signs in order to stop the outside traffic in the subdivision.
Because of the postings, a new snowmobiling landowner has cut a new path on his property and is now allowing outside traffic to use his property instead. He was told that he can do anything he wants with his property but that he cannot turn a private road into a public road by permitting snowmobilers egressing his property to travel down the center of the road and out to the town's dirt road due to liability concerns. Our state and local laws also state that there can be no snowmobiling on a plowed private road or within 200 feet of a dwelling. His response was, "I can do anything I want with my property. How those people get to it and out of it is not my problem."
Two questions: 1) Can he allow his property to be used as a ROW access onto this road that the covenants say is for vehicular and pedestrian travel and that is only for the use and benefit of its 12 members? (A snowmobile is not a vehicle in Maine.)
2) Can he have a ROW created on his deed that allows him to do that even though he agreed to abide by the covenants?
I am the association's president of a 12-lot posted private and residential subdivision with a road down the center of it. Our subdivision is off a town road and is surrounded by vacant woods that non-resident snowmobilers from 4 different areas began to use about 5 years ago as a shortcut through two of our landowners properties (each on opposite sides of the road). Both landowners just posted No Trespassing signs in order to stop the outside traffic in the subdivision.
Because of the postings, a new snowmobiling landowner has cut a new path on his property and is now allowing outside traffic to use his property instead. He was told that he can do anything he wants with his property but that he cannot turn a private road into a public road by permitting snowmobilers egressing his property to travel down the center of the road and out to the town's dirt road due to liability concerns. Our state and local laws also state that there can be no snowmobiling on a plowed private road or within 200 feet of a dwelling. His response was, "I can do anything I want with my property. How those people get to it and out of it is not my problem."
Two questions: 1) Can he allow his property to be used as a ROW access onto this road that the covenants say is for vehicular and pedestrian travel and that is only for the use and benefit of its 12 members? (A snowmobile is not a vehicle in Maine.)
2) Can he have a ROW created on his deed that allows him to do that even though he agreed to abide by the covenants?
Use and Enforcement: Can a Landowner Create a Public Row Onto a Private Road in a Private Subdivision
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