Right of Way Question

[ScottConley]

Does a right of way granted to a person under the orignal deed extend when that property is transfered to another? My grandfather gave a right a way in a deed when he sold a pardel of land that states a right of way is given to use the driveway to access the property to the buyers and their heirs. My grandfather then gave the property to my father with no mention of the right of way, who on turn has given the property to me with no mention of ROW . The reason I ask this is that my neighbor's property is bordered on 3 sides by my property on the fourth and far side from the highway by another neighbor and since my neighbors kids have grown up and still live at home all the cars they have they block my access and have used the property for planting trees, shrubs, and flowers. I've talked to them about this but to no avail, do they have any legal rights since they have used it for so long (neither my grandfather or father said anything about this behavior)?

[lwpat]

If it is to "their heirs" it continues to run with the land. An attorney in your area can give you a better opinion since you really need to see the documents and state law differs. The use allowed depends on the language of the easement but normally does not entend to planting trees etc.

[WOLFGRL]

When We Purchased Our Property From An 80 Year Old Woman Everyone Was Driving Through The Property. It Was Not Deeded A Right Of Way & The People Had Other Ways In, But This Road Was The Best Kept So They Wanted To Use It. I Put A Stop To That By Putting Up A Fence & When They Tried To Take Me To Court The County Said Because It Was Not County Maintained It Was Out Of Their Hands & As Long As They Were Not Landlocked In There Was Nothing They Could Do About It. One Owner Tried To Buy A Row From Us But I Told Their Laywer That If They Sold Their Property That Ment The New Owners Had The Row, He Said Yes. So We Did Not Sell Any Row.