My Dads Family Thinks They Own Our Right of Way

[garyslay24]

we bought our home 2 yrs ago. my father owns property behind my home and his owns property behind him. i live on a main hwy that is soon to run sewer and gave right of way to my father so he could get it as well. my grandparents and their family see this as being their right of way too. when trying to sell a vehicle my grandfather asked if he could put it in my yard and when i told him no he said he would just put it on my dads side.
so i guess i really have 3 questions.

(this is the most important to me) just because it is a right of way does that make the property more or less his/theirs to do as they please?(i.e.trying to put the truck on my "dads side".) i ask because if something were to happen to my dad they would be all over my yard trying to do who knows what.

there is no driveway thru the yard ,will there have to be one for sewer to be run?
if a driveway does have to be installed does anyone besides myself,my husband and my father have the right to be on it?


i am not sure if the law changes by state but we live in ga.

[mudpie]

Your dad or the City would have had you sign a right of way for the underground sewer. Did you sign any easement paperwork? That easement would be between you and your dad, and not anyone else.

Now the interesting part is, can the City extend that sewer line to your grandparents or anyone beyond your Dad legally without a new easement? I do not know. You might have to ask a lawyer.

An underground easement does not convey surface rights; for the most part. Some utility companies may have included a clause where you agree not to build on the easement-generally 15 feet on either side-but that does not mean you can use the surface. It does not convey a parking lot as yur granddad suggests.

Were you paid anything for the right of way?

I sense the family is not on good terms. What is more important?

[garyslay24]

this brings up a whole new round of questions.
we just agreed on it because my father was the one who made it possible for us to buy our house and it was like a "repayment" of sorts. also i looked over my deed and saw nothing refering to the easment at all. is it supposed to be there?
when we agreed on the right of way they had not yet agreed on running sewer down our rd it was only rumored and he wanted to make sure to have a way to get it. does this mean we would have to do more paper work for a sewer easment?
the most important thing to me is personal space as of now. my father and i have a great relationship but my grandparents have a tendency to believe they own what he owns. and take it way beyond that. i once came home to have a large piece of machinery taking up half my yard because my father had helped us get our house and my grandfather thought this meant he helped too so he had the right to do it.
the house is completely in our names( my husband and myself) and no one elses.
the right of way is 50feet on the far side of the yard. nothing was ever mentioned about utilities or anything else when we signed.

[mudpie]

Without a conveyed and recorded Right of Way attached to your deed, legally, there is no right of way; period. Now the City or County can condemn your land to bury a sewer line, but they will have to approach you first to negotiate a right of way before condemning the land.

So I would advise everyone in writing to stay clear of your land until a right of way is conveyed.

[LandSurveyor]

Many times (most of the time here) easements and rights-of-way are recorded as separate documents or plats, and only referred to by reference in the deed with verbiage similar to "and subject to all easements and highways of record".

I would check with the attorney or title company who prepared your deed.

You can also check with your county register of deeds to see if anything has been filed.