Neighbor Giving Me Problems with Right-of-Way

I bought a house in November and in the deed it stats that i hate the right to use a right of way to access my property. So i got my survey out that was done on my one piece of land and put a pin to mark where the right of way is. My neighbor called saying that they own the right of way and i cant put a driveway on it.....This neighbor has the reputation of giving anyone in the neighborhood problems when it comes to building or anything. Anyway she called me saying that i cant put a driveway in because they ran a drainage pipe through the right of way for there french drain which was like 30 years after it was stated in the deed that i have access to the right of way....basically i am wanting to know what i should do or who i should contact about putting a drive way to my property on the right of way. And does anyone really own the right of way??

Sounds like the your easement is the dominant one. If I were you, given the neighbors history I would have an attorney send them a letter explaining what you are going to do and that they should be prepared to remove their drainage pipe or construct it so it doesn't interfere with your rights. Might cost you a couple of hundred but it just might stop them from messing with you now and in the future. keep us informed.

So what are my rights? there is no driveway established on the right of way now it is just grass do i have the right to have the land excavated and leveled to put a driveway from the main road to my property? also the aggravating neighbor has a stack of cement blocks and a big pile of grass clippings on the Right of way does he have to move the junk he has on it off?? and there is a huge pine tree on the corner of the right of way, which the branches from it extend to the middle of the right of way. tree being on his property will he have to have the tree trimmed or cut down??

The first thing you need to do is find out how the easement got created. Not just listed in the deed unless thats what created it in the first place. Read the exact language to see just what it grants. If the easement has been around awhile, try and locate the prior owners of the property and see what they can tell you.
Then go talk to your lawyer about sending a letter explaining your intentions. If you need to, get with a surveyor to make sure of the location.
I would most likely move the blocks etc to his side. You can trim the limbs which extend over to your side of the property line however, in my state, you have offer the limbs to the owner of the tree. You can ask that the limbs be removed but I doubt you get anywhere with this neighbor as you have stated is a problem.
Your biggest problem is going to be the french drain. If you mess with it they will say you did it wrong and try and make you effect repairs over and over again. Its their drain, placed in an easement they knew about. Make them prepare it so you can install your driveway.
We always say to read the document cause we don't have a clue whats in it and most of the time the people who ask the questions don't either.
Since the neighbor has already indicated his stance, I would be real sure about what I did, and would do it under advice of my local attorney.
Do this right an you may eliminate future problems with this guy. Don't fight with him, discuss it with him, argue with him, get you attorney to send him a letter or invite him to a meeting to explain whats what.

Just because you have the right of way, does not mean that you can change the physically characteristics of it. Meaning, installing a paved driveway.

A ROW generally provides for ingress and egress only, unless stated otherwise. If you have a dirt road, that is what you get; regrading and paving is outside the intent of the original right of way...in my opinion.

The neighbor may have violated the right of way by installing a drain pipe through it, but again was it a surface right of way, subsurface, or both?

One could get a lawyer to force them to remove the pipe, but you may lose your need to pave the right of way anyway and only end up in a feud with the neighbor.

The deed only states i half the right to use the right of way....nothing really specific....and it was drawn up back in the 60's i am pretty sure then previous owners are deceased. So i dont have the right to alter it in any way to make it suitable to drive on because it is about 2 feet high than the main road i would have to excavate some dirt so i could use it as a drive way.

Please be aware that it is very difficult to impossible for anyone here to give advice on a document that we have not been able to read. This has been more of a problem lately, as this has been evidenced as a "guess whats in my deed" question.

If you are uncomfortable posting the wording of you deed, easement, lease, etc. or whatever, please do not post here but find a local attorney that you trust and are willing to share your document. The problem which you bring here is not theoretical to you, so why should we have to play "20 questions" to get the information which you would give your attorney?

ok thank you i understand...i am a new homeowner and dont really understand wording in a deed but i thank you for the advice..and i will contact an attorney