private road law enforcement by municipality
I bought a house and property on a private dead-end road in New Fairfield, Ct. This road used to have an access road connecting it back onto a main road. This road was eliminated and a cul-de-sac was built which runs over private land. There are recorded maps and deeds showing this change.
I have a deeded easement into perputuity onto the named road as recorded on my deed. This easement is also of Neccesity, since my house and property is landlocked if the recorded turn-a-around that was built ingress and egress is blocked. I have used my easement without obstructions until May, 2007, when the property owner of over which my easement runs began chaining off the end of the cul-de-sac.
I filed a complaint with the zoning enforcement officer, who refused to submit it to the Zoning board, stating that the town does not get involved with private roads, yet she acted on a complaint of a scrap yard being run by a neighbor.
I decided to put in a small drive to allow me to turn around. 1 neighbor installed a long paved dr. last year without a permit. I recieved a call from the dept. of health forbidding me to do anything until he inspected. I mentioned the illegal dr., & he is not interested.
Can I sue the town for bias?
1 Answer from Attorneys
Re: private road law enforcement by municipality
You could bring an action against the other owners to "quiet title" on the property. This will protect your interest in the easement. As to the zoning issue (I am not sure why the health department is involved) there are specific procedures you need to follow to get an application approved. If during that process you have evidence of bias that can be used to help your case along.
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