problems with a road that is co owned.?

I am one of 3 co owners of a lane that includes a road .It is 50 wide by 125 yards which borders another neighbors property,The problem is I and the second co owner have for the past 25 years had problems with the person the property borders with. she put a wood shed on it she does what ever she fee likes with the excuse she wants to make things look pretty.. so she cut into the road with a flower bed .we live in a rural area and not in the village. 2 out of the three co owners don’t want her on the property ..better yet the other two co owners hate one another,,the deed reads as follows1. That the said parcel shall be used in common with those to whom any other rights have heretofore been granted or may hereafter be granted only for the purpose of ingress and egress to other premises owned by the grantee and for access by utilities both underground and above ground.
1. That the said parcel shall be used in common with those to whom any other rights have heretofore been granted or may hereafter be granted only for the purpose of ingress and egress to other premises owned by the grantee and for access by utilities both underground and above ground

2. That the grantee shall with others,having the right to use the land to share equally in the cost of maintaining the same as a road or right of way but the contribution of each party shall not exceed the sum of 25 dollars plus taxes in any 12 month period except by agreement. 3.that the rights conveyed herein shall not be subdevided by the grantee . 4.that the necessity for the extent of repairs shall be determined of those having the right to use the said premises , and the expense for such maintenance or repairs shall not be incurred by any owner of an interest in these premises except by the consent of a two thirds majority of the owners thereof. what can I do when one co owner gives wreck less permission to this person the non owner especially when she is the type to claim she is maintaining it ????

2 Responses to “problems with a road that is co owned.?”

  1. Firing Says:

    Even though the road is co-owned, incorrect use of it can still be brought before the local council (or whatever lowest level governing body you have which deals with neighbor problems). If you have discussed it with the other owners first, councils usually are happy to step in and make a few demands of their own. Since the road is for access, and nothing can be done to the road without agreement, nobody has a right to do anything, from my understanding of the contract. If council does not help, then it becomes worth going to a lawyer (or if you still have doubts, go to a lawyer in the first instance).

  2. wilma m Says:

    Invite her to court to define what is maintenance of the usufruct property that is applicable/allowable/appropriate to the premises in issue. Co owners must all be present. Hating one another is not the solution on the case at bar since ownership right is the issue