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  1. #1
    Join Date
    Jul 2006
    Posts
    2

    Default Trees in right of way

    I purchased my property over 20 years ago with a 500ft x 50 ft right of way that ran along his property line to my property. At the time of purchase, the seller verbally told me I could remove trees in the right of way as necessary to my property. The actual road is only about 15ft wide. He has since move away, however he also sold a lot behind his own that borders on my piece, and the right of way runs through this lot as well.
    Over time trees and brush within the ROW along the road had grown over the road and I decided to remove these to eliminate them brushing vehicles passing through. The current owner came at me with considerable hostility and informed me that I had to get his permission to cut his trees in the ROW and also to make any improvements, such as widening. My question is, do I have any legal obligation to get permission from a landowner to cut trees or make improvements to ROW on his property?
    Maine

  2. #2
    Join Date
    Jul 2006
    Posts
    985

    Default Re: trees in right of way

    Quote Quoting hefner
    I purchased my property over 20 years ago with a 500ft x 50 ft right of way that ran along his property line to my property. At the time of purchase, the seller verbally told me I could remove trees in the right of way as necessary to my property. The actual road is only about 15ft wide. He has since move away, however he also sold a lot behind his own that borders on my piece, and the right of way runs through this lot as well.
    Over time trees and brush within the ROW along the road had grown over the road and I decided to remove these to eliminate them brushing vehicles passing through. The current owner came at me with considerable hostility and informed me that I had to get his permission to cut his trees in the ROW and also to make any improvements, such as widening. My question is, do I have any legal obligation to get permission from a landowner to cut trees or make improvements to ROW on his property?
    Maine
    You can mantain the trees and brush in the right of way on your property but not on that of another's property. HOWEVER, you may check for local ordinances to see if there are any regulations re tree maintance or removal of excess vegitation or fire hazzards.

  3. #3

    Default Re: trees in right of way

    There is legal and there is getting along with your neighbor. He can cause you problems so the best thing is to try to come to some arrangement that satisfies you both. Check his deed to see what it says about the right of way and also check the language of your own deed. The trees belong to him but you have the right to maintain the ROW as necessary for your use. Things such a widening or paving could be a problem without his approval. Get it in writing if possible.

  4. #4
    Join Date
    Jul 2006
    Posts
    2

    Default Re: Trees in right of way

    There is no reconciliation with this individual. It has gone way beyond the issue of neighborly behavior. This individual has been hostile towards me and other abutters for many years. I am basically taking the stance that this is simply maintainence of my ROW and the utilities necessary to afford normal reasonable access , such as personnel vehicles, emergency vehicles, equipment for routine maintainence ( utilities, delivery, security) of my own property.
    My deed and his, reads as standard ROW wording for this region. Basically assigns a "ROW 50 feet wide to be used in common with others," (namely myself, the individual referred to , and one other household.)," to gain access to and exit from properties on foot or with vehicles, also to be used for the installation and maintenance of utility services."
    Its just that I feel the law is deficient in addressing the issues that are inherently occurring with ROWs. I truely believe that the intent of commonly assigning ROWs 40-60 feet wide is to avoid issues such as I am now burdened with. The work I have done to this ROW is a great improvement as can be testified by the third party that shares this ROW. I feel this is a work in progress which I still have to finish as my funds are limited. I never had a problem when I cut in the initial road. I never intended that it was completed and that I would never again touch this ground except for crossing. It seems that once one stops work and can pass across, the rules suddenly change and the ROW that was ,ageed upon, paid for and deeded, now can not be modified because of nothing more than a time change. Again and again in the deed are the words, To have and to hold unto Lender, such property and all easements, and rights, forever. I feel I was sold, charged, and assigned permission at purchace for a 50', and this assignment should carry over forever as well.

  5. #5

    Default Re: Trees in right of way

    Then do what you have to do. If he wants to spend money suing you there is nothing you can do. If he gets abusive report him to the police. If it continues get a restraining order.

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