Re: Right of Way Destroyed
If they have a deeded right of way and it's their duty to maintain it, that's what they have and what they are obligated to do.
I have no way of knowing why they would be asking you to give them a "'new' right of way" - perhaps they want one over land that's less treacherous? If you do decide to go along with that you would want them to formally surrender any claim to the existing right-of-way. Beyond that, it seems to be a matter of your personal preference.
Re: Right of Way Destroyed
They are arguing the definition of "maintain". They state they don't have to pick up tree limbs or smooth out gravel to make it passable. They want a new right of way because the old one has washed out due to the creek next to it.
Re: Right of Way Destroyed
They can argue all they want about the meaning of "maintain". But that would at best shift the duty of maintenance to you (and I don't agree with their interpretation that "maintenance" doesn't involve removing debris or reinforcing the roadway if a lack of proper construction, maintenance and/or heavy use cause the road to fail or subside), and if they have a deeded right-of-way for a specific location then that's what they have. Unless you did something to undermine the integrity of the right-of-way, such as routing water down the creek and causing the land to subside, I'm not personally seeing this as your problem. Is there more to the story - are they the only people using this right-of-way?
Re: Right of Way Destroyed
The water in the creek has crept toward the roadway the past few years and finally has caused the road to undermine. Not really anyone's fault but the changing course of the creek. I just want to make sure that 1) I'm not resposible for building the road back for them (est. of about $7500) or 2) having to give them another right away across my property.