We live in a Connecticut beach community. Our house is on the water, and we own the next two beachfronts as well. Between the house lot and the first beach lot runs a right of way. The original description of this property when the land was originally subdivided in 1935, describes the right of way and adds "together with the right to use the ROW, to plant thereon, and to build and maintain a sea wall at the easterly end thereof." In other words, we have a deeded right of way which runs between our two properties. The Beach Association actually owns the ROW, but the rights to plant and to build a seawall belong to us, and have for over 60 years.
As the years have gone on, the beach has eroded sharply, and erosion experts recommended that we reinforce or extend the seawall on which our house is built. We chose not to extend a seawall across the beach lots, although we could have done so. We did have rip rap pushed up against the corner of the seawall about 40 years ago, and there is a small (less than 5sq feet )strip of flower bed on the ROW.
Our Beach Association (owners of the ROW) have challenged our rights to the ROW for 34 years; every few years they call us out for impeding their rights to pass and repass. We always quote our deed to them, and have frequently told them they may pass over another part of our property to launch their kayaks and canoes. We cannot exchange part of our property for "their" ROW, due to zoning laws regarding non-conforming lots.
The association has recently had the ROWs of all the beaches surveyed. The survey shows that their ROW (our deeded ROW) does not begin at the street, nor end at the water: it is just a landlocked trapezoidal shape with a small retaining wall at one end and our rip rap seawall at the other. They are challenging us in the most unpleasant of ways (the owner, my father in law, is 92) and telling us that they are going to bring a bulldozer in and clear our garden, retaining wall (for which we were granted permission in 1974) and presumably our rip-rap, to "take back the ROW once and for all".
In my heart, I know that they are bluffing, that they really wish for an exchange with a smooth part of our beach so that they can launch power boats. Our concern now is whether to permit them to continue crossing our beach. One member snidely asked whom she was to sue if she fell and broke her leg while crossing the rip rap. We do not maintain our large beach in any very frequent way, and it could be hazardous if crossed. I am considering telling them that we have withdrawn our permission to cross since we fear liability issues.
Can or should we sue them for harrassment? Three generations of our family have now had to appear before the annual general meeting to defend our property. Fully 9 or ten times in 34 years....