Abandoned Right of Way

[silverfoxvt]

I live in Vermont and own a piece of property which is crossed by a right of way to my neighbor's property. They are making some changes to their house that require a mortgage. They say that the bank requires that they have a signed document from me stating that they maintain the driveway. I have consistently made sure it is plowed in the winter and dragged in the summer each year. I have heard that a landowner who does not care for the right of way can end up with the easement being declared abandoned and losing it to the landlocked neighbor. I have been searching VT statutes on this and have found little that even discusses private right of way issues.

Can you help?

[KeyWestDan]

I take it they do not have an easement on their title.

I don't know I would then want to give them anything in writing for free. Of course, your relationship with the neighbor, etc. is probably controlling.

I really would speak with a real estate attorney if I was you. Probably 30 minutes would cover it.

[aaron]

Are you stating that their use of the right-of-way is entirely permissive? This isn't an easement resulting from an express grant, or an easement by necessity flowing from their predecessor in title splitting their land from yours and rendering their parcel landlocked?

[mudpie]

Sounds like an opportunity for you.

If it were me, I would ask for $$$ to sign the document, plus a new written maint. agreement that the neighbor would be required to remove snow and maintain the road while not giving a new easement. I would just give them permission to use the road.

You may want to ask an attorney.