My question involves real estate located in the State of: Idaho; Bonner County 83864
The Easements in question are depicted and described on a filed Plat to provide ingress and egress to parcels of forested mountain side land that would otherwise be landlocked. Although it is not indicated in writing anywhere I can find, when the 200 Ac. +/- property was subdivided into 20 ac. parcels the owner was required to dedicate, on the plat, easements through some parcels and along the property lines of others to provide ingress & egress to all property owners.
In addition, before the Plat received final approval, the Land Owner who was subdividing the property, was required by Bonner County to pioneer a graded dirt road along the easements shown on the plat to provide Ingress / Egress for property owners along the easement and, more importantly for drivable Fire and Emergency Rescue access. He complied by doing so with a bulldozer that left a drive path that was akin to a very rough logging road
Over 30+ years, the sole year round resident, who lived one mile off the paved road near the end of the dedicated sixty (60’) foot easement, improved the rough road so that it was drivable with a two wheel drive vehicle. For 30+ years, on his own and at his own expense, he maintained the road in a drivable condition, installing culverts and grading drainage ditches along the sides of the road to prevent runoff water from eroding the drive path. The drainage ditches and 30+ years of road improvements always remained within the limits of the dedicated easements and, where the easements crossed a property, he gained the approval of that property owner.
Then, about ten +/- years ago, one property owner developed his 20 Ac. parcel into a year round residence and, shortly after that, he started to take exception to the existence and maintenance of the drainage ditches along the road. The graded road and ditches and primarily in question, which he does not need to use to get to his property, lie within the Southern portion of a sixty (60') foot dedicated East/West easement that runs the full length to the north of his Southern property line.
THE ISSUES ARE:
1) As soon as the drainage ditches along any portion of the easements are cleaned of rocks and debris that are washed in during heavy rains or the spring run off he fills them back in so that any further run off washes out on to the road surface badly eroding it and turning portions into a mud bog that is nearly impassible.
2) Where the original ‘pioneered’ road was too narrow to be safely driven all weather, it was widened in spots toward the middle of the sixty foot easement. The property owner is claiming that ANY maintenance or widening of the road that even approaches the center of the sixty foot easement is an illegal encroachment into his property AND, that any dirt fill material or large rocks that are excavated from the uphill banks along the road is HIS DIRT, (and Rocks), and may not be used for road maintenance or improvements.
I am unable to find anything in the Idaho Subdivision Law or, Bonner County Regulations, that addresses the issues cited above. Where do the year round residents who rely on an all weather drivable road stand in their attempts to maintain the ingress / egress road ?
Please advise.
The Easements in question are depicted and described on a filed Plat to provide ingress and egress to parcels of forested mountain side land that would otherwise be landlocked. Although it is not indicated in writing anywhere I can find, when the 200 Ac. +/- property was subdivided into 20 ac. parcels the owner was required to dedicate, on the plat, easements through some parcels and along the property lines of others to provide ingress & egress to all property owners.
In addition, before the Plat received final approval, the Land Owner who was subdividing the property, was required by Bonner County to pioneer a graded dirt road along the easements shown on the plat to provide Ingress / Egress for property owners along the easement and, more importantly for drivable Fire and Emergency Rescue access. He complied by doing so with a bulldozer that left a drive path that was akin to a very rough logging road
Over 30+ years, the sole year round resident, who lived one mile off the paved road near the end of the dedicated sixty (60’) foot easement, improved the rough road so that it was drivable with a two wheel drive vehicle. For 30+ years, on his own and at his own expense, he maintained the road in a drivable condition, installing culverts and grading drainage ditches along the sides of the road to prevent runoff water from eroding the drive path. The drainage ditches and 30+ years of road improvements always remained within the limits of the dedicated easements and, where the easements crossed a property, he gained the approval of that property owner.
Then, about ten +/- years ago, one property owner developed his 20 Ac. parcel into a year round residence and, shortly after that, he started to take exception to the existence and maintenance of the drainage ditches along the road. The graded road and ditches and primarily in question, which he does not need to use to get to his property, lie within the Southern portion of a sixty (60') foot dedicated East/West easement that runs the full length to the north of his Southern property line.
THE ISSUES ARE:
1) As soon as the drainage ditches along any portion of the easements are cleaned of rocks and debris that are washed in during heavy rains or the spring run off he fills them back in so that any further run off washes out on to the road surface badly eroding it and turning portions into a mud bog that is nearly impassible.
2) Where the original ‘pioneered’ road was too narrow to be safely driven all weather, it was widened in spots toward the middle of the sixty foot easement. The property owner is claiming that ANY maintenance or widening of the road that even approaches the center of the sixty foot easement is an illegal encroachment into his property AND, that any dirt fill material or large rocks that are excavated from the uphill banks along the road is HIS DIRT, (and Rocks), and may not be used for road maintenance or improvements.
I am unable to find anything in the Idaho Subdivision Law or, Bonner County Regulations, that addresses the issues cited above. Where do the year round residents who rely on an all weather drivable road stand in their attempts to maintain the ingress / egress road ?
Please advise.
Land Use and Zoning: Easements - Ingress/Egress - Private Road Maintenance
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