Cary homeowner’s jackhammering of trail entrance sparks dispute over its access

A video showing a Cary man jackhammering a trail entrance has garnered a major reaction online.

A Reddit user posted the video to the social media site on Monday. It shows the confrontation between two men over a trail entrance between 319 and 321 Montibello Drive in Cary.

Keith and Angela Myers own both properties in the Beechtree neighborhood.

Ultimately, it will be up to a civil court to figure out who has the right to this space, Keith Myers or the residents after the developer gave the space to the neighborhood HOA through an easement more than 30 years ago.

Cary resident Ian Pearthree took the video on Saturday of Keith Myers tearing up pavement of the trail.

The Pearthree family – Ian and his parents – moved to the neighborhood in the late 1990s. Their home is near the trail access that splits the Myerses two properties.

“Having access to the greenway was the main reason we moved into this house,” said Patty Pearthree, who is the mother of Ian Pearthree.

The trail is one of the fondest memories she has from her late husband.

“As he went downhill, he’d walk down there and say how beautiful it was,” Patty Pearthree said. “The trees and beautiful setting.

“When I go down there, I feel like I’m closer to my husband.”

Patty Pearthree said she has had disputes with Keith Myers, including when he objected to vehicles traveling down the pathway to move construction materials for a landscaping project for another neighbor. The neighborhood’s homeowner’s association approved the vehicle access, but Myers balked.

Since then, Keith Myers has toiled with the trail entrance, admitting to placing concrete bollards on the walking trail.

Patty Pearthree had charges of stalking filed against Keith Myers, which were ultimately dismissed. She also filed a civil suit, accusing Keith Myers of assault, trespassing,emotional distress and defamation. Myers has filed counter action, which is still being worked out in court.

Keith Myers declined an interview but texted WRAL News several times on Tuesday Specifically, he mentioned a quitclaim agreement filed by the town of Cary. He says it grants him access to do as he wishes with the easement.

However, the homeowners association says that’s not the case.

Attorney Weldon Jones III represents the neighborhood’s HOA.

“No, he does not, and know that, that action is being taken adverse to all homeowners associations’ members’ rights,” Jones said. “It’s obstructing the members’ access to the trail itself.”

Cary Deputy Town Manager Russ Overton released a statement Tuesday on the trail access.

“With regards to 319 Montibello [Drive], Cary holds a sewer easement over part of that property,” Overton said. “Any disputes regarding a pedestrian easement or private greenway access are a private matter.

“Municipalities do not adjudicate property rights disputes. This is a function of the courts, and we understand there is ongoing civil litigation regarding this matter.”

There was an injunction placed preventing Myers from obstructing Pearthree’s access to the trail. It was filed before Saturday, when he tore up the pavement.

That’s an issue that is scheduled to be resolved Monday in a court hearing.