On Sun, 08 Jan 2006 14:42:32 GMT, Fred Bloggs
wrote:



Wes Stewart wrote:


28-628. Rights of real property owners

This chapter does not prevent the owner of real property that is used
by the public for purposes of vehicular travel by permission of the
owner and not as a matter of right from:

1. Prohibiting that use.

2. Requiring other, different or additional conditions than those
specified in this chapter.

3. Otherwise regulating the use as deemed best by the owner.

In other words, I get to regulate the speed (I've posted it as 10
MPH). I have no power to fine UPS, but I can still cost them money.

You are not reading the wording carefully; it is the "not as a matter of
right from" that you are missing. It very well may be a matter of right
if the private road is co-owned by the other property holders and this
ownership allows them the right to transact business in the way of
receiving deliveries as they choose.

Gray area. The road is not co-owned by the other property owners. At
least my deed doesn't say a thing about me co-owning a piece of the
property between the public street and me.

Besides, I'm not going to stop the delivery, I'm just going to do some
"traffic calming" when the truch is leaving.

What you're trying to tell me is that I've given up complete control
of an easement and if the truck drivers want to go 100 MPH I have no
say in the matter. If I were to call the Sheriff's office I'd be
told, "It's private property, we can't do a thing." If I asked the
county to grade it I would be told to kiss off. If someone got hurt
on the easement, I would be liable. When I bought the place the title
company had a hissy fit because there wasn't a road maintenance
agreement in place. It took the appraiser writing something to the
effect that this was a typical situation in this area, and that each
property owner maintained the road on his easement, before the company
would issue title insurance.

Sounds to me like I do have some say so over the property.