Right of Way Easement

[MDLANE]

I bought a house in Maryland in 1997 that has a deeded right of way(so my neighbor can get to his house which sits behind my house). My deed states that the right of way is for ingress and egress over the existing lane (it does not state that a right of way was reserved outside of the existing lane). When I bought the property the plat stated the lane was 10ft.wide. My neighbor has been receiving fill dirt for 5 years using various trucking companies and these dump trucks have been riding off the stone lane in my grass,hitting pine trees and running over bushes. If these dump trucks are over 10ft wide is this considered trespass on my property? No attorney I have talked to will give me a definite answer. My neighbor could care less and I need some answers. What good is a deeded right of way if anyone can come on your property and drive wherever they want-do I have no rights as a homeowner? Thank you for your help.

[seniorjudge]

Q: My neighbor has been receiving fill dirt for 5 years using various trucking companies and these dump trucks have been riding off the stone lane in my grass,hitting pine trees and running over bushes. If these dump trucks are over 10ft wide is this considered trespass on my property?

A: Yes; this sounds like "overburdening the easement" (which is a fancy way of saying trespassing).

[MDLANE]

So is it correct that there is no right of way outside the 10ft? My neighbors attorney is stating that is not true and they are not trespassing because the 10ft.listed on the plat does not mean anything and he thinks a judge would rule in their favor? Does this sound right?

[jk]

along with SJ's post, even if it wasn't overburdoning the easement, they are still not allowed to damaged floura.


If a judge were to determine that the description was ambigous he could in fact find that there was no trespass. I suppose it would depend on what side of the bed the judge got out of that day.


that still does not allow the damage of surrounding vegetation.

[MDLANE]

So if I put up decorative split rail fencing and planted bushes on either side of my lane I am within my rights as a property owner to do so even if I don't have in writing from a judge that the lane has only a 10 foot right of way? Also who would be responsibile for damage to my property-the attorney states it would be my neighbor and not the trucking company because he gave them permission to go back to his house but he's not the one driving the truck and doing the damage. Thanks for your help.

[seniorjudge]

So if I put up decorative split rail fencing and planted bushes on either side of my lane I am within my rights as a property owner to do so even if I don't have in writing from a judge that the lane has only a 10 foot right of way? Also who would be responsibile for damage to my property-the attorney states it would be my neighbor and not the trucking company because he gave them permission to go back to his house but he's not the one driving the truck and doing the damage. Thanks for your help.

We do not know (and neither do you) exactly how wide this easement is.

That happens more often than not. The width should've been stated in the deed but was not.

[MDLANE]

Now I'm really confused-so is it trespassing or not when they drive in the grass and hit the tree's if the exact width of the right of way wasn't written in my deed? What did the term "existing lane" mean in my deed? Thank you for your answers.

[jk]

Now I'm really confused-so is it trespassing or not when they drive in the grass and hit the tree's if the exact width of the right of way wasn't written in my deed? What did the term "existing lane" mean in my deed? Thank you for your answers.

That's the problem. Without actual dimensions in the deed, it becomes a matter of interpretation (the judges eventually and ultimately).

concerning liability for damage; if the truck driver damages a bush, unless the other property owner said, "hit the bush on your way in", the truck driver is responsible for his own actions. As a truck driver they have the option of refusing to drive somewhere they feel will cause damage and absent some acceptance of another, remain liable for the damages caused.

Now if you end up suing for damages, it would be wise to include the driver, the trucking company and your neighbor. The judge can let the innocent folks go home.

Ultimately they would not be allowed to damage any surrounding plants. In doing so, they have apparently strayed from any perceptable "lane" which is what is noted in the deed.

In contrast though, the neighbor could defend that by applying your restrictions that he is not able to have a reasonable access to his property for typical maintaince and possibly even emergency vehicles.

It could go either way.

[MDLANE]

Is there anyway that I can get clarification for my deed so it states the exact width of the right of way for my the lane without having to take anyone to court to get the answer.Can the deed ever be changed to add this omission or can a deed not be changed ? Can I go to court myself and ask for clarification or would this only be possible by suing for damages. My whole purpose all along has never been to take anyone to court but I feel trying to be a good neighbor has not worked. He doesn't care-it isn't his property that is being ruined.I would never deny anyone access to their property-I just want them to stay off my grass and to stop running into my trees and bushes. Thank you for all your help.

[MDLANE]

Property I bought in Maryland has a deeded right of way (so my neighbor can use my lane to get to his house) There have been problems in the past with dump truck companies delivering fill dirt to his house riding in my grass and hitting my tree's and bushes. The plat of my property stated the lane was 10ft wide when I bought the property but the actual deed did not specify this (it only said there was a right of way for ingress and egress over the existing lane-no right of way was reserved outside of the existing lane). Is there anyway I can get my deed changed so it will state an exact width of the easement? Over time my yard has disappeared by 2 feet because of these trucks driving off the stone and killing the grass. Thank you for your help.