Drainage Issues on Row Due to 4-Wheel Damage

[Homesteader]

I own 40 acres in upstate NY. It has been in my family since 1880 and has a deeded ROW. In the past we have mostly used this property as a "camp", although when I was a youth we spent our entire summers in the old farmhouse. I am finally at a point in my life where I want to spend more time up there. Over the years, the old road has deteriorated, so I have had contractors giving me prices on repairs to the ROW. There is a spot about 1/2 way up the driveway where the landowners have created a trail for their 4-wheelers. When they did this, they filled in the ditch, which has caused a huge drainage issue. The water is now diverted to the road itself and created a mess. This 4-wheel trail was built between 5 and 7 years ago. Contractors have told me the only way to fix it without remaking the ditch is to put a culvert under the road, which would be diverting water onto their property, which I understand is illegal.

As with most of the people on this site, my neighbors are not real neighborly. They don't like the idea that I want to conduct a timber sale and possibly build (two additional issues that will have to be resolved).

I know that I need to discuss this with them, but I'm looking for some advice before hand.

Did they have a right to fill in the ditch? Since I didn't confront them 7 years ago when it happened, am I stuck with it? Are they responsible for helping me fix the road now that their trail has caused so much damage? Do I have a right to re-dig my ditch? If so, what stops them from filling it in again?

[Mr. Knowitall]

Realistically speaking, you're going to need to get help from a real estate lawyer.

My gut reaction, without doing any research or having access to the title history, is that they did not have a right to fill in the ditch to the extent that their doing so interfered (or interferes) with your use of your right-of-way. But if you knew of their filling in the ditch and made no objection for seven years, your case for making them restore the land or pay for restoration becomes less compelling.

When you approached them about the problem and indicated that the two solutions to fixing the right of way were restoring the ditch or building the culvert, how did they respond?