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  1. #1
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    Default Undeveloped Rights of Way

    Quote Quoting poirier
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    Thank you for the answer, everything you stated is correct and I appreciate your response. I had a feeling I had no rights but its just such an eyesore and smell and its the first thing you see pulling up to my driveway was really hoping for some kind of resolution that wouldn't be expensive.

    Not sure if you can answer this or not but I did find a statute in Maine that deals with termination if the subdivision plan wasn't completed in 20 years, so would I need to actually own the land or right of way in order to try and get that terminated after the 20 years?
    If you don’t own the land, you can’t control what’s on it. If the neighbor who has the dumpster owns the land, well, it’s his land.

    If its not his land, talk to the owner of the land and see if they will tell the dumpster guy to move the dumpster. If he won’t, well, you have dumpster where you don’t want one to be.

    An undeveloped Road right of way that lays on adjacent lots remains in the control of whomever owns the land until such time the road is developed.

    If the row is created as a separate property and merely abuts the adjacent lots, then when the row is abandoned the abutting properties split the row land and it’s added to their lots, in most situstions.

  2. #2
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    Default Re: Right of Way Over a Road That Was Not Constructed

    Quote Quoting jk
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    An undeveloped Road right of way that lays on adjacent lots remains in the control of whomever owns the land until such time the road is developed. .
    That is incorrect. Once the easement is granted, absent something in the granting language to the contrary , the easement remains granted whether the road is constructed or not. The dominant estate has every right to use the easement whether a road was constructed or not.

    Quote Quoting jk
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    If the row is created as a separate property and merely abuts the adjacent lots, then when the row is abandoned the abutting properties split the row land and it’s added to their lots, in most situstions.
    In this situation there is no such condition.

    The ROW that was granted can be undeveloped. That is in no way an indication that the dominant estate abandoned the easement by not constructing the road. The dominant estate did nothing affirmative to signal abandonment.

    [∂ 21] A prima facie showing of abandonment requires the party asserting it to establish:

    (1) a history of nonuse coupled with an act or omission evincing a clear intent to abandon, or (2) adverse possession by the servient estate. The elements necessary to establish adverse possession by the servient estate are the same as those that must be proven when an adverse possessor attempts to deprive the true owner of a fee interest.

    D'Angelo v. McNutt, 2005 ME 31, ∂ 13, 868 A.2d 239 (emphasis removed) (quotation marks omitted).

  3. #3
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    Default Re: Right of Way Over a Road That Was Not Constructed

    Quote Quoting budwad
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    That is incorrect. Once the easement is granted, absent something in the granting language to the contrary , the easement remains granted whether the road is constructed or not. The dominant estate has every right to use the easement whether a road was constructed or not.

    In this situation there is no such condition.

    The ROW that was granted can be undeveloped. That is in no way an indication that the dominant estate abandoned the easement by not constructing the road. The dominant estate did nothing affirmative to signal abandonment.
    no, it is not correct. An undeveloped roadway is not fair game for every Tom dick and Harry to use. It remains in control of the servient tenant until such time the dominant tenant chooses to exercise their rights and create a roadway.

    I never said anything about the road not being developed was proof of abandonment. I said WHEN a row is abandoned. Learn to read

    and im excited that you have reviewed the germane land records and know whether this is an overlayed easement or a row reserved specifically for the future development of a road. I’m curious as to how you discovered it with such little specific information provided.

    You also forgot to highlight this in your citation. I’m sure you noticed it was preceded by OR which means the acts described within section 2 alone are adequate to provide prima facia proof of abandonment.

    2) adverse possession by the servient estate. The elements necessary to establish adverse possession by the servient estate are the same as those that must be proven when an adverse possessor attempts to deprive the true owner of a fee interest.

    D'Angelo v. McNutt, 2005 ME 31, ∂ 13, 868 A.2d 239 (emphasis removed) (quotation marks omitted).

  4. #4
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    Default Re: Right of Way Over a Road That Was Not Constructed

    Quote Quoting jk
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    no, it is not correct. An undeveloped roadway is not fair game for every Tom dick and Harry to use. It remains in control of the servient tenant until such time the dominant tenant chooses to exercise their rights and create a roadway.
    Nobody said that an easement was fair game to anyone. In this post, the easement was granted to give the neighbor access to a city road. That would be the only estate that has access to use the easement.

    The JK Restatement of easement law: An easement granted is not enforceable until the dominant estate chooses to exercises their right to create the roadway.

    Totally contrary to law.


    Quote Quoting jk
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    I never said anything about the road not being developed was proof of abandonment. I said WHEN a row is abandoned. Learn to read
    Quote Quoting jk
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    An undeveloped Road right of way that lays on adjacent lots remains in the control of whomever owns the land until such time the road is developed.
    The JK Restatement of easement law. An easement granted is not an easement enforceable until the dominant estate uses the easement.Totally contrary to law.


    Quote Quoting jk
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    and im excited that you have reviewed the germane land records and know whether this is an overlayed easement or a row reserved specifically for the future development of a road. I’m curious as to how you discovered it with such little specific information provided.
    I used what OP posted:

    The right of way for my neighbor was for a road that was supposed to connect to another city road behind his house.
    There is nothing in the post that suggests that this ROW was for public use. It was an ingress/egress easement for the neighbor to access a city road.

    Quote Quoting jk
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    You also forgot to highlight this in your citation. I’m sure you noticed it was preceded by OR which means the acts described within section 2 alone are adequate to provide prima facia proof of abandonment.

    I]2) adverse possession by the servient estate. The elements necessary to establish adverse possession by the servient estate are the same as those that must be proven when an adverse possessor attempts to deprive the true owner of a fee interest..
    You misread the law. Abandonment of an easement by the dominant estate must show that the dominant estate took some affirmative action to abandon the easement. The issue of extinguishing an easement on the serviant estate is a separate issue. A sevient estate can extinguish an easement on their property by adverse possession. That has nothing to do with this post.

    You are starting to look like a troll on my posts. You are not supporting your post with the law. You just restate the JK restatement of law.

    Quote Quoting poirier
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    So basically from what I'm seeing my only option would be to try and buy that piece of land and then I might have some say in whether or not he can leave the dumpster there? But even purchasing the land might not guarantee I would be able to prevent him from parking it there??
    As was pointed out by Mr. K in post #2, what is allowable on an ingress/egress easement is subject to the granting language. If that language is silent on the issues other than ingress/egress, then parking a dumpster on the easement is likely not to be allowed as well as parking on the easement would not be allowed.

    We can't tell you what a court would decide based on the total history of the easement.

  5. #5
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    Default Re: Right of Way Over a Road That Was Not Constructed

    Quote Quoting budwad
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    Nobody said that an easement was fair game to anyone. In this post, the easement was granted to give the neighbor access to a county road. That would be the only estate that has access to use the easement.

    The JK Restatement of easement law: An easement granted is not enforceable until the dominant estate chooses to exercises their right to create the roadway.
    Well, yes, you did say it was fair game for anyone.

    A road, which is created by a row in a development is considered to be a road for the property owners within the development and possibly the general public at least when it constructed. Go back and read the first post to understand your error.

    You ignored the law regarding abandonment. You are the one who ignored section 2 of the statute you cited.

    And the funny thing is I never suggested the row was abandoned. I described what happens when a row is abandoned.

    you seeem to be the troll here chasing me around the forum. Notice, you attacked my posts, not the other way around.

    your bolded statement is wrong since you aren’t even understanding i was speaking of the roadway the row was reserved for. Until that Roadway is created the row is not useable by the dominant tenants.

  6. #6
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    Default Re: Right of Way Over a Road That Was Not Constructed

    Quote Quoting jk
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    your bolded statement is wrong since you aren’t even understanding i was speaking of the roadway the row was reserved for. Until that Roadway is created the row is not useable by the dominant tenants.
    An easement that is granted for ingress/egress is not reserved for anything other than ingress/egress. Unless there is something in the granting language that sets conditions on the road construction such as a time limit to construct the road, the easement is granted unconditionally and the dominant estate can use the easement as a dirt road if that is what the chose to do.

    An easement that is a reserved easement benefits the grantor. It gives the grantor rights over the land they convey. There is nothing in this post that suggests that this is a reserve easement.

  7. #7
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    Default Re: Right of Way Over a Road That Was Not Constructed

    Quote Quoting budwad
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    An easement that is granted for ingress/egress is not reserved for anything other than ingress/egress. Unless there is something in the granting language that sets conditions on the road construction such as a time limit to construct the road, the easement is granted unconditionally and the dominant estate can use the easement as a dirt road if that is what the chose to do.

    An easement that is a reserved easement benefits the grantor. It gives the grantor rights over the land they convey. There is nothing in this post that suggests that this is a reserve easement.
    You’re wrong budwad but that’s never stopped you before. A row established in a plan is not useable unless it is actually used to create a roadway. There are differences between reserving a row and creating a road on that row and the rights afforded dominant tenants differs.

    But letís presume that is the case here

    if true the op can simply go to the local authorities and demand the dumpster be removed from sitting in the middle of the roadway. Op could also sue to have the dumpster removed from the roadway and the courts would have no issue granting the injunction.

    Is that where you stand on this?

  8. #8
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    Default Re: Right of Way Over a Road That Was Not Constructed

    Quote Quoting jk
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    You’re wrong budwad but that’s never stopped you before. A row established in a plan is not useable unless it is actually used to create a roadway. There are differences between reserving a row and creating a road on that row and the rights afforded dominant tenants differs.
    No, it is you who is incorrect. Show me the law that backs up what you allege. What plan? And what in this post suggests to you that this is a reserved easement for a road.

  9. #9
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    Default Re: Right of Way Over a Road That Was Not Constructed

    Quote Quoting budwad
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    No, it is you who is incorrect. Show me the law that backs up what you allege. What plan? And what in this post suggests to you that this is a reserved easement for a road.
    this, from the first post, states it was reserved as a right of way for a road

    From my research of the deeds it appears that the guy who originally did the subdivision still owns the land under this right of way. The right of way for my neighbor was for a road that was supposed to connect to another city road behind his house. The road was never built and thus the right of way has never been used for travel. But because my neighbor's deed says he has a right of way over this unapproved road he has been parking his dumpster there.

    the row for my neighbor was for a ROAD.

    The ROAD was never built

  10. #10
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    Default Re: Right of Way Over a Road That Was Not Constructed

    It's still an easement with the neighbor being the dominant estate.

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