Legalities of a Deeded Right of Way

[optionguru]

We had this discussion about 6 months ago but I have a new twist.  I've been trying to figure the best way to improve the very wet logging road right of way that goes to my camp.  After some sage advice from you all and some inner acceptance of the limits to my abilities I think I need to hire an excavation company to level the right of way and lay down lots of rock.

After coming to this realization I started to wonder if I can legally improve a right of way that lays on someone elses property?  About 35 feet of the logging road that needs improvement is on the neighboring camps land which has seemingly been untouched for years.  

Any help would be greatly appreciated,
Peter

[desdawg]

Find the other owner and ask. If you are talking about making an improvement at no expense to them I suspect there would not be a problem. JMO.

[glenn kangiser]

That has worked for me -- one neighbor helps.  The other doesn't have the money to spend.  I have the most big vehicles so I do it so no one can complain about what I haul.

[optionguru]

I've never seen any sign of the owner going to the property.  I guess I'll try to get the info from the town tax collector.  I was hoping to keep the town out of it if at all possible.  The property is in a place that they would probably never even be able to see any improvements made nor could they easily access the property.

[desdawg]

Here in AZ each property has an assessors parcel number. I can go to the county website and look up the ownership records of any property in the county. It may not be that way everywhere but it is here. Check out your own property using whatever ID number is on your annual tax bill and see what kind of records are available. Then go from there.

[builderboy]

I agree with desdawg. You should be able to get ownership info without talking to the tax man. As far as I know (not far) land registration and land taxation is 2 separate departments or mtl 2 separate governments. Check it out in your area.

[optionguru]

Thanks all, I found the county tax assesors office web site and got the owners info.  I'll send a letter and see what happens.

[outhouse]

If there is a access road easement that both properties share, it seems like you don't need permission. But like others mentioned, if you think they should share financial responsibility for maintenance, it probably wouldn't hurt to see if they are interested. Sometimes property covenants define this responsibility of shared access-road maintenance.

I drove a chip truck on logging trails around southern Oregon for a while. I noticed that sometimes grass growth and organic matter, like wood particles, would help the clay sections that were not graded much due to occassional large rocks, which usually caused pot holes around them due to the change in density from rock to clay as the heavy trucks or grader blade passed over it.