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  1. #1
    Join Date
    Nov 2008
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    12

    Default Easement Blocked by Snow

    We own a piece of property with a shared driveway. Once the driveway ends, our neighbor has an 8' right of way over a strip of land. This strip of land just leads to the neighbors back yard area. When we have our driveway plowed the snow removal blocks access to the right of way. Does our neighbor have the right to come in and plow the right of way? This would result in tearing up the lawn area.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Easement Blocked by Snow

    What is your state?

    What is your question?

  3. #3
    Join Date
    Nov 2008
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    12

    Default Re: Easement Blocked by Snow

    State of Mass

    Question: Does neighbor have the right to plow the ROW?

    thanks

  4. #4

    Default Re: Easement Blocked by Snow

    Yes but he would also be responsible for any damage.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easement Blocked by Snow

    Quote Quoting cm72
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    We own a piece of property with a shared driveway. Once the driveway ends, our neighbor has an 8' right of way over a strip of land. This strip of land just leads to the neighbors back yard area. When we have our driveway plowed the snow removal blocks access to the right of way. Does our neighbor have the right to come in and plow the right of way? This would result in tearing up the lawn area.

    actually, he has the right to sue you for the costs incurred to clear access to his ROW since your actions are blocking it.

    as to damage; what is the ROW for? Damage may be irrelevent if the ROW use itself would cause distress to the area anyway.

  6. #6
    Join Date
    Nov 2008
    Posts
    12

    Default Re: Easement Blocked by Snow

    The ROW was placed in our deed in the early 1800's. It states the neighbor has an 8' ROW over a strip of land.

    We share a driveway and each have a ROW over eachothers portion of the driveway. Once the drivewas ends the rear of the property is our backyard and the neighbors backyard. That is where the 8' ROW in question begins.

    We have owned this property for over 40 years and the only reason you might use the ROW is to get to portions of your back yard. The new neighbor brings vehicles in and out all day long and stores a series of cars on his land. He does not want to drive on his land so he has turned an 8' ROW into about a 20' ROW. He drives in and parks vehicles in his back yard. This is a grass area of land that is in our yard and has now become full of ruts and the grass is gone. Due to his continuous use, our rear yard area now looks like a road going into the property. I have explained to the neighbor that I want him to remain on the 8' strip of land. That would require him and his friends to drive on a portion of his land. Naturally he does not want to do this since it would ruin his grass.

    He has had his property surveyed and knows exactly what he owns.

    What can I do without hiring a lawyer and going throught the court system?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easement Blocked by Snow

    What can I do without hiring a lawyer and going throught the court system?
    if you are courthouse savvy, you can do whatever you want without an attorney but there is really nothing you can do without going to court.

    it does not sound like he is using the ROW for any unintended use. Whatever document created the ROW should be addressed to see if this is so.

    If he damages anything outside of the ROW, he is liable to you for the costs to repair. Small claims court can handle a suit of that type as long as the damages do not exceed the SCC limits.

    You may want to check to see if there are any ordinances about storage of cars as he is. If he is using his land as a garage (repair shop) he may be using his property in contrast to land use ordinances or maybe operating a business without a license.
    I see you did not include your state so I cannot even look up state law so I will leave it up to you to check out the possibilities.

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