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Munayco Law
Munayco Law, Internet Researcher
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are they going postal on us

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I recently purchased a home here in montana. my home is located at the end of a rural road. approximately 200 feet from the end of the road is where my property starts. the county does not plow that part of the road as it is private property. we have fenced off that part of the road as we have horses. recently our postal carrier told us we would have to allow the post office entry onto our property in order to turn their vehicles around.It is very wide at the end and has been used as a turn around in the past. Our mail box is not fenced in . the carrier can deliver mail to the box but would than have to back into our driveway to turn arounf, a very simple procedure. the post office has informed us that they do not want their carriers to have to back up, period. Either we open up our property to the carrier or they will not deliver mail to us. The postmaster we talked to stated, "we would prefer that our carriers not have to back up". This sounds to me like it is the postmaster's desire but not law. Question: Is there a national or state regulation that specifically addresses this area?
Submitted: 10 years ago.
Category: General
Expert:  Munayco Law replied 10 years ago.
According to my research of the Montana Code there is no code that allows the post office to enter private property for non business purposes. The post office (based on the facts you have provided) has the feasibility to back the vehicles out and their business is conducted outside the fenced area of your property. They merely don't want to, is an unacceptable excuse. The only way they can claim the right to enter your property is if the former landowner granted them the right to enter your property via the grant deed or where given a license or there is an absolute necessity (which appears there is none). To be sure of this you will need to review the terms of your deed to see if the former owners gave them a right of way. If not, they have no right to make such claims.

Further, not delivering the mail is a violation of the right to receive your mail and you are advised to speak with the US Postal Inspector regarding your issue as they might have more input on this.

The postmaster must produce documentation via law or grant deed showing they were given the privilege to use your property that way, else they are just bluffing. This of course is my opinion based on the facts as you have stated them.
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