Can a small part of a neighborhoodmake decisions to input speed bumps on a private road?

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Can a small part of a neighborhoodmake decisions to input speed bumps on a private road?

19 houses out of 119 houses. And do we, as the opposing side, have the right to take up these 2 speed bumps? The OK was given by the private road owner in 2004, however she has passed away. No OK was given recently after her passing. The speed bumps were installed today.

Asked on October 27, 2010 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your claim here is that the right to put in the bump was a right given before the owner died and that it expired in some way and must be re-given by her estate, correct?  Was the agreement or permission given in writing?  Then it could be enforced against the estate as ling as it was properly written and signed by her.  I am gathering that you do not like them or that they are placed in a way that is a problem for you (perhaps too close to your house?) and you want them taken down.  You need to speak with a real estate attorney in your area.  The type of neighborhood you are may matter here: a private development with easements and covenants possibly?  And all the documentation as to the neighborhood needs to be reviewed.  Get help.  Good luck.


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