# Distance of right away from road  **plat attached**



## Luke0927 (Jun 15, 2011)

Update on my fence issue with the Co, they said that the fence was in the right of way so they are not responsible, this fence is about 30' off the corner of the road (going to measure today to be sure) anyone know how many feet their ROW consist of?


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## jimbo4116 (Jun 15, 2011)

Luke0927 said:


> Update on my fence issue with the Co, they said that the fence was in the right of way so they are not responsible, this fence is about 30' off the corner of the road (going to measure today to be sure) anyone know how many feet their ROW consist of?




If they have condemned the property a new survey should have been done.  The county should provide you that information.  The plat should define the old boundries and the new. Showing the amount of property claimed in the condemnation.

That said ROW size can vary depending on who controls the road.  That and old roads are not always as centered on the ROW as they should be.

Contact the county attorney.


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## Luke0927 (Jun 15, 2011)

its a strange situation the land that is actually being cut out is our Cousins on ours they just need to go through the right of way to run their equipment but the fence is in the way, so they are just paying a small amount to use the right of way ($100 funny huhh) not actually taking any away from ours but the fence is in the way.


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## Lukikus2 (Jun 15, 2011)

jimbo4116 said:


> If they have condemned the property a new survey should have been done.  The county should provide you that information.  The plat should define the old boundries and the new. Showing the amount of property claimed in the condemnation.
> 
> That said ROW size can vary depending on who controls the road.  That and old roads are not always as centered on the ROW as they should be.
> 
> Contact the county attorney.



X2

If they destroy your fence they should have to replace it.


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## Wild Turkey (Jun 15, 2011)

The right of way is your property line. Strange enough at lot of people think they own to the road. Do you have a survey of your property or do you know where the front property pins are.
Sometimes the elec co will have a prescriptive easement outside the right of way on your property. Typically 10 ft. for overhead lines and poles.


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## win280 (Jun 15, 2011)

Luke0927 said:


> Update on my fence issue with the Co, they said that the fence was in the right of way so they are not responsible, this fence is about 30' off the corner of the road (going to measure today to be sure) anyone know how many feet their ROW consist of?



It should be on your recorded plat that you received at closing.
I have a 100' ROW on a state highway and a 12' in my subdivision.


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## Luke0927 (Jun 15, 2011)

Yes i have a copy of the plat, and the pin for that side is closer to the road than the fence is.


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## Luke0927 (Jun 15, 2011)

OK here are the platts take a look and let me know what you think, and the right way to go about this the first one is my Platt it has 1 acre cut out of the larger parcel but you can see the pins by the road and the road, (the chain link is not marked on this one)

The second is what the county is going off off, then the second is a picture of the legend off the platt, the patten on our side is labled "Easement for construction and maint."

from my platt it looks like the ROW should be 30' from the center line am i reading that right?


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## Wild Turkey (Jun 15, 2011)

whole plan would help. looks like they need a temporary easment outside the right of way to do whatever they are doing(what are they doing). The chainlink fence is real close to the existing right of way. Unless they are buying right of way from you they need to put the fence back. Can you pm me pdf file of whole drawing and describe what their work entails. I do this for a living.


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## Lukikus2 (Jun 15, 2011)

Yeh. They are showing a 30' ROW from the center of the road. The 20' ingress/egress utility easement has to stay but can be gated. If your in the 30' ROW you may be out of luck on the fence unless the ROW was different when the fence was installed. I would still contact the county about the fence. Don't listen to the road crew folks because they know only what they have been told. Go to a superior.


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## Twenty five ought six (Jun 15, 2011)

Luke0927 said:


> Yes i have a copy of the plat, and the pin for that side is closer to the road than the fence is.




You plat shows the pin 3 feet inside the ROW --i.e. the pin is 27' from the centerline, and the ROW is 30'


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## j_seph (Jun 15, 2011)

as per the survey, it shows your fence being inside the R/W so chances are they will not replace it.


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## win280 (Jun 15, 2011)

p.m. sent


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## Luke0927 (Jun 15, 2011)

The fence is behind the pin on our side, on the top plat that has the line that says R/W the fence is really behind that...I don't think they really measured it, I have the paper plat with the county changes and the chain link fence is not marked.  I seen them step it off from the edge of the road?

I just went down and measured its 20' from the fence to the edge of the road, and a foot or two behind the property line pin, so real close


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## produnker (Jun 15, 2011)

The plans show a cut section and a slope. Probably due to it being in the curve they had to move it back. As far as the survey you can look in the R/W section of the plans and reference by station number to see their measurements. As far as using the edge of road  as a measuring point, this should only be used for approximation. Try to find a R/W marker and measure back towards the road. Sometimes over time the centerline of a road will move due to overlays, shoulder work and lane width being expanded especially in curve sections. 15 years with GDOT, can't count the times this happens on road projects. Good luck.


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## Luke0927 (Jun 15, 2011)

my cousin stopped by (surveyor) we pulled from the center line, were a few inches over on my side at the point close to the drive way and few more on down the fence,  We are going to shoot it and update the fence on that plat, thanks for the help I'll let yall know what happens next.


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## Misfit Toy (Jun 15, 2011)

Not understanding why they have construction limits inside of the easement needed for "constr of slopes" hatch? Looks like even if your fence was not in the R.O.W they would need to move it to aquire easement. Dont give them the property for the easement unless they agree to move your fence to the back of the easement.
Maybe instead of payment for property, which will be minimal, they move the fence. All else fails talk to the contractor when he comes out to do the work.


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