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  1. #1
    Join Date
    Aug 2018
    Posts
    6

    Default Intended Use of Right of Way

    My question involves real estate located in the State of: Pennsylvania

    We have a deeded right of way and while the lower portion of the right of way is on the neighbors property, we are responsible to maintain. We have been cited by the local county gov't. for water run off issues and all of those have been addressed and approved by the county gov't. The issue is our neighbor has destroyed a large portion of the work done for erosion control, pure spiteful negligence. When confronted by local authorities he claims it is his property and he will do as he pleases. It is my understanding that right of way is ingress/egress to our property, can the neighbor use it as an ATV trail for recreation? In using the right of way as an ATV trail they have destroyed all erosion control that was in place as well as ripped up the road and left large stones/debris in the middle of the right of way. Is it permissible to use a right of way for recreational use?

    We have had several issues with the neighbor and the right of way and while at first it was just easier to deal with it ourselves we can no longer shell out the money to repair the damages caused by the neighbor. The right of way is 50ft wide with approx. 25ft as actual road, as you travel up 600ft of the right of way is on his property with the remaining 800ft on our property. Along the side of the right of way (and still within the 50ft) we have sewer clean outs every 200 ft as required by code, on top of the clean outs I put solar landscape lights (as well as reflective tape) so when the snow removal company comes to clean the road they see these clean outs. The neighbor removed the lights and tape from the clean outs that are along the right of way that is on "his property". While the sewer clean outs are our property the police claimed it was a civil matter, I call it theft.

    What are the rights of the homeowner that has a deeded right of way? As I understand, we are the dominant estate and responsible for the right of way, but what does that mean? Any guidance is greatly appreciated. While we have paid the money to have the repairs to the right of way, our neighbor continually destroys anything we have done, claiming it is his property and he can do what he wants. He even called the cops on us for placing our mailbox at the end of the road as instructed by the postal service, claiming it was on his property, it clearly wasn't, we made sure of it.

    Thank you in advance for your help

  2. #2
    Join Date
    Oct 2006
    Posts
    15,745

    Default Re: Intended Use of Right of Way

    Quote Quoting dsom883
    View Post
    My question involves real estate located in the State of: Pennsylvania

    We have a deeded right of way and while the lower portion of the right of way is on the neighbors property, we are responsible to maintain. We have been cited by the local county gov't. for water run off issues and all of those have been addressed and approved by the county gov't. The issue is our neighbor has destroyed a large portion of the work done for erosion control, pure spiteful negligence. When confronted by local authorities he claims it is his property and he will do as he pleases. It is my understanding that right of way is ingress/egress to our property, can the neighbor use it as an ATV trail for recreation? In using the right of way as an ATV trail they have destroyed all erosion control that was in place as well as ripped up the road and left large stones/debris in the middle of the right of way. Is it permissible to use a right of way for recreational use?

    We have had several issues with the neighbor and the right of way and while at first it was just easier to deal with it ourselves we can no longer shell out the money to repair the damages caused by the neighbor. The right of way is 50ft wide with approx. 25ft as actual road, as you travel up 600ft of the right of way is on his property with the remaining 800ft on our property. Along the side of the right of way (and still within the 50ft) we have sewer clean outs every 200 ft as required by code, on top of the clean outs I put solar landscape lights (as well as reflective tape) so when the snow removal company comes to clean the road they see these clean outs. The neighbor removed the lights and tape from the clean outs that are along the right of way that is on "his property". While the sewer clean outs are our property the police claimed it was a civil matter, I call it theft.

    What are the rights of the homeowner that has a deeded right of way? As I understand, we are the dominant estate and responsible for the right of way, but what does that mean? Any guidance is greatly appreciated. While we have paid the money to have the repairs to the right of way, our neighbor continually destroys anything we have done, claiming it is his property and he can do what he wants. He even called the cops on us for placing our mailbox at the end of the road as instructed by the postal service, claiming it was on his property, it clearly wasn't, we made sure of it.

    Thank you in advance for your help
    You are going to have to sue him for all of the damage he has done. Once he loses a lawsuit he will discover quite quickly that he cannot just do whatever he wants.

    It IS his property and he IS entitled to use it for anything he wants as long as he does not damage it, steal your property or impede your ingress and egress.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,288

    Default Re: Intended Use of Right of Way

    Quote Quoting dsom883
    View Post


    What are the rights of the homeowner that has a deeded right of way?
    Do you really not know the answer to that question?

    You have the right to sue him, get a judgment, an injunction, an award of monetary damages, etc.

    If you can't or won't sue him, nothing changes and he can continue to do what he wants with impunity while you suffer.

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