Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Default Enforcing the Boundaries of a Right of Way

    My question involves an right of way in the state of: NC
    There is a 20 ft right of way (X 150ft) which is deeded across our property to a home behind us. There is an existing gravel road that runs across about 10 ft of it and the other 10ft is part of our curtilage or otherwise planted grass yard. I planted some landscaping screen tree's along about what I could tell where the right of way was. One of them has recently started driving out of the road up over a dirt curb onto the other 10ft of our yard (when it rains) spinning the tires just to tear it up and cause damage to the tree's and causing rutt's in the yard. I placed poles down the roadway edge to prevent further damage. It was surveyed and some of my tree's are slightly across the line but several ft from even the edge of the roadway. (poles I know are over) Now I'm being threatened with suite. My argument is the right of way is for ingress / egress only, which isn't being hindered whatsoever and we are simply protecting our property which we own and pay taxes on from intentional malicious damage and devaluation. (You can see the rutts from Google Earth) I'm pretty sure I'll have to move back after court but I'm thinking I can get an injunction from the court at the same time that says they can't damage or abuse it just for the sake of doing so because they want to show me they can. Am I correct in thinking this. I just can't believe a court will allow someone to intentionally damage someone else's property just because it's a right of way. Exactly what are everyones rights here. Thank you for your time.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    1,956

    Default Re: Enforcing the Boundaries of a Right of Way

    Sounds as if you have arbitrarily decided that 20 feet is pretty much whatever you say it is. If you placed obstructions within the 20 feet without permission the dominant tenant can probably do quite a bit of mischief to them without any reference to you. The tire spinning and the lawsuit (have you actually been served or is this still in the spitting phase?) are indications that you have gone too far in stepping on your neighbor's rights.

    Probably time to pay attention to them. Remove the obstructions and see if the tire spinning stops.

    If you have actually been served, you need an actual lawyer, not advice from the internet.

    1. Sponsored Links
       

Similar Threads

  1. Probation and Parole: When Does a Probation Officer Over Step His Boundaries
    By DozerTaco in forum Probation, Parole and Incarceration
    Replies: 6
    Last Post: 11-04-2010, 08:07 AM
  2. Roommates: What Can I Do About a Roommate That Oversteps Boundaries
    By deanne1217 in forum Living in the Rental Unit
    Replies: 4
    Last Post: 10-13-2010, 05:13 PM
  3. Missouri Strip Mine Crosses Several Boundaries
    By PitBoss in forum Boundary Disputes and Nuisance
    Replies: 3
    Last Post: 08-28-2008, 05:46 AM
  4. Out of Boundaries Roadway in Vermont
    By Albany14 in forum Land Use Regulation
    Replies: 1
    Last Post: 05-28-2007, 07:45 AM
  5. Legal Malpractice: Lawyer Overstepping His Boundaries
    By hjames123 in forum Malpractice Law
    Replies: 6
    Last Post: 04-16-2007, 12:30 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Easement Forms
Instantly download professional easement forms for all states.




Untitled Document