There's an escapefire road down the mountain where I live but this guy that owns the property that the road goes through keeps cutting down trees in the road so no one can go through Is that legal?

Answer 1

Im not sure on the laws of the county or township were you live,but I would think that if the road is a public way,or,as you say,an emergency exit,I don`t think it can be blocked by the abutting landowner.In my neck of the woods,in rural western Mass. there was a case of a landowner that owned the land on both sides of an access road.He wanted to put a gate across the road,but he couldn't legally do it because the road, a little rutted up mud path,mostly accesible by 4x4`s or farm equipment,was still legally a town road and public way,even though it wasnt maintained (but was access to the best deer hunting area around).check with your town board or local bylaws to be sure,but I think this guy ain't acting right.

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1. Depends on the county and state laws ruling property.

2. In many states, if the road is HIS property, and not deeded access through the state, he can do what he wants with the land. Is there an easement against the deed?

If he owns the property and there isn't an easement - then it isn't a public right of way in most states. He can do as he wishes with the road. Just because it may have been cut during an emergency response to a fire doesn't then make it a public right of way. The road bed must be deeded to the county/state/Federal government or an easement on the owners deed.

That being said - during a declared emergency, the state and county likely has the right to reclear and reuse the route for the public good. A bulldozer and a chain saw would make wuick work of it.

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If its an escape-fire road, and there is no fire - what are you doing on the road? Sounds like tresspassing to me...