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  1. #1
    Join Date
    Jul 2007
    Posts
    2

    Default What Can I Do About An Unwanted Right Of Way

    HELP

    I bought a house about 1 year ago in salt lake city, utah. After some last minute manuvering my property size dropped from .25 acres to .16. We bit the bullet on this and went ahead and closed on the property.

    About a week after the clossing I got a packet of documents which contained a legal description of the lot (Something I was not presented at closing)
    In the legal description it named an ROW that I was never made aware of prior to closing.

    The legal Description is as follows.


    Commencing 140.53 Feet East From the SoutWest corner of lot 1, Block 8, Five acre lbat "B", Big Field Survey, And Running Thence North 95 Feet; Thence West 73 Feet; Thence South 95 Feet; Thence East 73 Feet to the point of begining.

    Subject to and together with a Non-Exclusive Rigot of way 15 Feet Wide; 7.5 Feet on each side of the following described center-line:

    Commencing 140.53 Feet East From the south west corner of Lot 1, Block 8, Five Acre plat "B", big field survey and running thence North a distance of 172 Feet.


    Here is a lay out of the property.

    To the questions.
    A) My neigbor # 1 and I both want to disolve the right of way so we can have full use of our property is ther a way to that we can do this?

    B) The ROW has only been used for minimal utilty access to the NB#2's lot. There is no road/driveway just some un landscapped land.
    NB# 2 want's to expand the use of the ROW to use as a drive way and build a garage on his land lot.

    His eventual plans are to merge his lots 2A & 2B a build a home on it. The home would legaly be located (Street address at least) on street #2 while his drive would be through the right of way on to street #1

    The last point is. There is a large developed (15-20 Year old) tree located in the middle of the ROW.

    My Best case scenerio would be to get rid of the ROW and be able to use my full property.

    At the lest I would want to prevent this from becoming a driveway right out the side of my view.

    Any help or suggestions would be GREAT!

  2. #2

    Default Re: What can I do?

    You and your neighbor could offer to purchase the ROW.

  3. #3
    Join Date
    Jul 2007
    Posts
    2

    Default Re: What can I do?

    We tried that he refuses to part with it.

  4. #4

    Default Re: What Can I Do About An Unwanted Right Of Way

    If he tries to put in a driveway you can sue claiming it is for utilities only. Since the paperwork is silent about use you will probably lose but you can tie it up for a couple of years if you are willing to spend the money.

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