What obligations are required to temporarily gate a private road during mud season?
Several families own property on a private dirt road which we desperately are trying to maintain; however, every April-June (mud season) people drive through this section of road and destroy all our work and investments. We want to gate the section of road for 2 months. We have a list of those with deeded rights and/or easements and would give those people, along with fire & police, keys or combination to gate locks. Do we need to get permission from all those with deeded access prior to doing this? Are there any other legal items we need to address?
1 attorney answer
The short answer to your question is that you should consult a local real estate attorney, especially considering there are multiple parties with a stake in this outcome, including the government.
As a general matter, you are almost always better off giving notice to any interested party when there is any potential issue involving real estate, and from a legal standpoint, you will usually be safer if you ask for permission from any interested party before building any structure that could prevent access, such as a gate. A local attorney can assist you in navigating any municipal ordinances and drafting the necessary documents.
Additionally, because the road is private, the people using your road for "mudding" may be considered trespassers. A local attorney can discuss the appropriate legal strategies for deterring any potential trespassers. I might even suggest speaking with your local police department.
I hope this answer has assisted you,