ROW Problem Please Advise

[Alecia Loveless]

I have a multi family that has a separate 1 acre lot attached to it by mortgage. An investor is developing a multi million dollar housing project up the road from me. It seems he has a ROW that encompasses all the usable land on this 1 acre parcel as it eventually runs into a drainage ditch h which has been confirmed by a surveyor.

I had my dumpster and 1 parking spot for a tenant in the ROW and the investor informed me I had to move them. I sought legal advice and found this was true so had the tenant move the vehicle and arranged to have three dumpster moved today.

I awoke to a phone call from the dumpster company that this investor informed them as they were moving the dumpster to where I wanted it that it couldn’t be there and he arbitrarily picked another location for it. Which ticked me off. I did go and verify the location and I’m not pleased with it but it will do.

Then later today the investor chose to include me in a group text he has created with other people on the road leading to the housing project about how great of a victory it is that he’s gotten the dumpster moved and that he will be cleaning up the space and planting grass and greening it up come summer.

He also sent me 3 pictures of some small pieces of trash left in the ROW and told me to go pick them up.

I’m so mad I can’t see straight and will be contacting my lawyer ASAP but has anyone ever heard of someone being able to make arbitrary “green space improvements” in some one else’s ROW.

If it’s allowable I’m planning to send him a cease and desist letter to get the heck off my property unless he’s using the ROW for some form of access.

Am I biting my nose off to spite my face here? What do others think? I already know he’s planning to try to put a road assessment out for the road which never had one so I know it won’t stop with just this one problem.

I take good care of my properties and tenants but feel enough is enough.

Opinions?