Hi, I bought my house in May of 2005 in Massachusetts (my very 1st house). When I bought the house I knew of a right of way that is stated on the deed as running along the southwesterly side of my lot, but there are no dimensions listed anywhere, including my neighbor's deed or the deed that it was created from in 1950.
I own 15' from my house to the southwesterly side border of my lot and when I moved in there was a fence placed 7' from my house (placed by a previous owner). I always considered the right of way to be where there is pavement which is about 3' on my property and about the same on my neighbor's.
Well, I've since learned by personal experience (on many occassions) and what neighbors have told me that she is a very spiteful and malicous person. Previous owners and neighbors have moved because of this woman!
My problem is...she's claiming that the right of way is at least 10' solely on my property and claims that the right of way went all the way up to my house (whether she can prove that or not, I'm not sure).
My lot size is 3200 sq feet where hers is 15000 sq feet.
Of my 3200 sq feet 560 of it is on the other side of my fence and she wants 700+ of it!! How greedy can you be?!?!?! She already has 3 times as much land as me!
The orginal creation of the right of way was created by one owner that owned my lot and my neighbor's lots. This consisted of lot #s 25, 26, & 27. There was a main year-round house on lot 27 (which is my neighbor's house) and a cabin on the northern portion of lot 25 and a railroad car (used as a summer home) on the southern portion of lot 25. In 1950 the family decided to split off the northern portion of lot 25 from the other lots (they gave this to a family member). So the right of way was created for the person in that cabin to have access to the lake and that the railroad car residents would have access to the street and not be landlocked.
WELL, that railroad car burned down in 1972 and was removed and never rebuilt (there's no foundation) and the remaining cabin was turned into a two story year-round house (which is my house).
My neighbor has been using the paved area of the right of way to park her car and her boyfriend's car on the southern portion of lot 25 to purposely block my view of the lake.
But since the orginal reason for the right of way is no longer there, is there a legal way to present to a judge to remove the right of way, especially since she has 15000 sq feet to use is she must have access to the southern portion of lot 25.
And by the way, she has a driveway in front of her house that fits 3 cars wide and 2 cars deep, so it's not an issue that the southern portion of lot 25 is her only parking.
Meanwhile my parking situation is a one car driveway infront of my house and another parking spot that is very small due to the fact that my neighbor claims is the part of right of way and blocks it.
So again my question is is there a legal way to present to a judge to remove the right of way, since it's no longer needed for it's orginal intent even though she still does use it (though it's out of spite and malicious behavior).
And just to let you know what kind of neighbor I'm dealing with...shortly after I moved in she installed a 6'8" fence along the backside of my lot to block my view of the lake (she knows that the main reason I bought this house was because of the lake), so I got permission from the town to put a deck off my 2nd floor (which of course she tried to get the town to deny me). So the following May I have the deck installed, shortly after that she has a 20' tree plant dead center infront of my deck. This tree is the kind that at full maturity spreads 20' wide (my deck is 19' wide).
The enjoyment of my home has been completely destroyed and I have been dealing with this for almost 3 years now.