Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“We bought an acre of land 3 years ago and at the time there was a road that ended into a dirt road which took us back to our property. The only other way to get to our property was thru the desert which is only accessible by a 4×4. We built our home and the City dumped a large pile of dirt and broken up concrete and the end of the paved road so that we could not use the dirt road to get to our house. They said the road is not maintained and therefore we are not allowed to use it. People are telling me that it is illegal to block a road and not provide some type of ingress/egress to a home. If we have an emergency or a fire we are out of luck since a firetruck or ambulance will not be able to get to our house.I have tried to do research to find something in writing that states it is against the law for them to do this but have been unable to find anything. Please help.”Have you tried talking with the fire department? They may have an opinion on access for fire prevention purposes, and could point you to any applicable laws on that issue.
Question: As for the maintenance of the road, you might want to find someone at the city to talk to about that, possibly in the building or public works department (different cities allocate jobs to different departments, so it’s best to ask which department to talk to). Your obligations regarding the road probably depend on whether it is public or private, but it’s certainly possible that you could come to some agreement with the city to do some maintenance if they unblock your access.
