Legal Question in Real Estate Law in Missouri

Our neighborhood has 22 lots and the road is private. We live in the county and are not governed by any municipality. We want to restrict the size of trucks that come into our street (eg. trash trucks, etc.) and I would like to know if this is something that our Neighbor hood Indentures and restrictions would cover or can the elected board of trustees just make the ruling?

Thanks-


Asked on 5/06/10, 10:04 am

1 Answer from Attorneys

Anthony Smith LawSmith

There are several factors that determine whether you can restrict the size of trucks that drive on the streets. The most important, because it is the most practical is enforcement. If you put up a sign that says "No trucks over XX tons allowed" and a truck bigger than that drives on the road, who do you call? The Sheriff's department will not enforce, unless it is a trespassing call. If the county is not responsible for the maintenence or upkeep of the roads, then they will not declare arestriction for your roads. If the County has not declared a restriciton for your roads, then the deputies will not be approved to enforce the restriction on County time. If you are able to make a declaration of a restriction by the association, you will probably have to enforce using private security. The association would be laible for any damage caused by the security you use.

If the county is responsible for your roads, then they are not truly private, and you will have to get the county to make the determination of a restriciton for your roads. They may not do it to an extent greater than they do on other residential streets, without pressure from your counsel. This is especially true if the county or local district uses fire engines larger than the restriction you want to impose.

If this matter is important to you, you should retain counsel to examine the specific factors of your particular situation. This is not something that you should rely soley on advice through a free web site, to determine the requirments of your specific issue. The littel money you save now could cost you tens of thousands later.

Good luck

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Answered on 5/11/10, 10:31 am


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