Morning walks

[Davis Smythe]

4 of my neighbors,all married wahine,take morning walks down a road
off of Rd E.They do this as a exersize for better health and also as a
community watch effort and wahine talk story session.
Recently as i was told by one of the neighbors they were walking down
6rd from E rd to F rd and a wahine came out of a driveway and started
to scream at them to stay off of "HER " road and that they had no
right to walk on " HER " road as they might be looking into her
property or might be rip offs.
They have been walking the same roads for the past 6 months and do on
average 3 miles a day prior to going to work,as a way to exersize and
talk stories.

To say the least,they were very upset and this was just relayed to me
this very evening.

All lot owners have the right to travel on any roads out here i told
the neighbor woman and if she felt threatened,to file a police report
or all 4 of them file a police report.

They do not trespass,they only walk down the roads,they carry cell
phones and dog cookies for the doggies who are not tied up or run
loose and now according to my neighbor some of the most gnarly dogs on
their walking paths actually wag tail and sit and wait for the walking
4 to come by and give them their doggy treats.

As for the wahine who screamed at them,i have no clue whom that might
be except to say, mentally unstable might be the cause of the strange
outburst.Maybe just a renter or having a bad hair day.Or woke up on
wrong side of the bed .

Will keep all posted if i hear more.

[matt willis]

As I remember usually private road easements are split right down the middle on planned developments, tell her she can only complain about her half of the road, lol I'm kidding it was wrong for her to yell at them.

Matt

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[Philip Tait]

The 'road lot' is 40ft wide. We each own 1/4000 of that. Of course, this opens a whole other can of worms - cue Russ...

-- Sent from my Palm Pre

---

[matt willis]

Have to look at county maps to see that, are the roads own by the community of HA or are they owned by the land owner who property borders the road with a right of easement to the community? Cue Anyone

[Philip Tait]

No, it is as I stated, the road lot is jointly owned by the Hawaiian
Acres lot owners. You have 1/4000 share for each individual lot that
you own.

(The "cue Russ" remark was because he usually brings up an issue from
years back where one or a few landowners signed their interest over to
the County.)

You can see the road lot on the tax maps. It's the narrow strip
between the front of your lot and the one across the street.

One of HACA's duties is to assist with road lot issues (other than
maintenance of the surface). Examples are calling the appropriate
authorities to get junk cars and dead pigs removed.

Philip

On Apr 13, 7:15 am, matt willis <rvrefrigera...@gmail.com> wrote:
> Have to look at county maps to see that, are the roads own by the community
> of HA or are they owned by the land owner who property borders the road with
> a right of easement to the community? Cue Anyone
>
>
>
>
>
>
>
> On Wed, Apr 13, 2011 at 7:03 AM, Philip Tait <phi...@pjtait.org> wrote:
> > The 'road lot' is 40ft wide. We each own 1/4000 of that. Of course, this
> > opens a whole other can of worms - cue Russ...
>
> > -- Sent from my Palm Pre
>

> > ------------------------------

> > On Apr 13, 2011 6:47, matt willis <rvrefrigera...@gmail.com> wrote:
>
> > As I remember usually private road easements are split right down the
> > middle on planned developments, tell her she can only complain about her
> > half of the road, lol I'm kidding it was wrong for her to yell at them.
> > Matt
>

[matt willis]

Thanks for the info Phil

[lee m-s]

maybe they need to carry neighbor treats as well as doggie treats :-)

[matt willis]

Now that I like:)

[Jack Russell Brauher]

Aloha Matt,
   Look at your deed. You will see it says you have a "Undivided 3944th share of the Road Lot". It will mention the TMK for that 372 acre road lot. There are no lines. According to numerous Supreme Court Rulings, land held in common, is the most secure from any form of adverse possession, eminent domain, forfeiture, etc.
   These Land Court Deeds were created before 5 of the 3 acre lots were subdivided into 14 smaller lots, for each one. Total- 4009 plus the road lot = 4010 HA parcels. Minus the 1 the County took for the PEAR connector and subsequently entered into the Hawaii County road data base. Minus that one for 4009 GRAND TOTAL. With that being said, the County Connector lot is no longer a HA lot. Therefore, the County of Hawaii does NOT have any undivided interest in OUR roads. PERIOD.
   I look forward to the day the Hawaii Supreme Court rules they can't have it both ways.
   All the roads in HA are easements, which also exempts them from the recently passed State Law authorizing unsolicited traffic enforcement on private roads used by the public. 
                                                                                                                                                                                                                                              Russ

---

Date: Wed, 13 Apr 2011 07:15:50 -1000
Subject: Re: [Hawaiian Acres:1025] Morning walks
From: rvrefri...@gmail.com
To: hawaii...@googlegroups.com

[Jack Russell Brauher]

A lot of home work goes a long way! Information is like gold!
 
> Date: Wed, 13 Apr 2011 11:31:13 -0700
> Subject: [Hawaiian Acres:1026] Re: Morning walks
> From: phi...@pjtait.org
> To: hawaii...@googlegroups.com

[Davis Smythe]

> Aloha Matt,
>    Look at your deed. You will see it says you have a "Undivided 3944th share of the Road Lot". It will mention the TMK for that 372 acre road lot. There are no lines. According to numerous Supreme Court Rulings, land held in common, is the most secure from any form of adverse possession, eminent domain, forfeiture, etc.
>    These Land Court Deeds were created before 5 of the 3 acre lots were subdivided into 14 smaller lots, for each one. Total- 4009 plus the road lot = 4010 HA parcels. Minus the 1 the County took for the PEAR connector and subsequently entered into the Hawaii County road data base. Minus that one for 4009 GRAND TOTAL. With that being said, the County Connector lot is no longer a HA lot. Therefore, the County of Hawaii does NOT have any undivided interest in OUR roads. PERIOD.
>    I look forward to the day the Hawaii Supreme Court rules they can't have it both ways.
>    All the roads in HA are easements, which also exempts them from the recently passed State Law authorizing unsolicited traffic enforcement on private roads used by the public.
>                                                                                                                                                                                                                                               Russ

Russ - you are absolutely correct in all you say .I admire how well
informed you are on these legal issues that affect all of us in HA.
Good Job - Proud of you .

See you at next Rd meeting if can .

Davis

[matt willis]

Thanks Russ

 Very informative.