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  1. #1
    Join Date
    Nov 2008
    Posts
    12

    Default Trespassing Beyond a Right of Way

    Our neighbor has an 8 foot right of way over a strip of our land. This land just accesses our backyards and has nothing to do with getting into ones driveway.

    The neighbor has turned the 8 foot ROW into an 18 foot ROW. In other words he does not drive on the 8 feet but rather uses the enitre area as a road. It has become a mess and he uses about 18 feet. We have asked him on many occassions not to drive on our land area but stay on the 8 foot ROW.

    We put up a temporary fence about 10 feet over from the boudary line. We did not want to interfere with the 8 feet. We also notified the police department that we were doing this. When we were not home he removed all temporary fencing and both no tresspassing signs we had put up.

    We notified the local authorities. He told them our fence was blocking his access to the ROW. In his mind he thinks we need to leave extra room for him to access the 8 foot ROW. Basically he does not want to have to drive on any of his property as it will ruin his yard.

    My Question: Can we put up fencing or antyhing else for that matter beyond the 8 feet ROW? Do we need to leave him extra room?

    I am going to contact our lawyer today. But my thoughts are he will still continue to ignore that and do what he wants.

    Any help?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tresspasing Beyond a Right of Way

    He has whatever rights he has under the grant of right of way. (We haven't read it, so that's all we can say.) If he has been exercising greater rights for many years, he may have a claim to those greater rights - your lawyer will advise. Assuming that's not the case, he has no rights to use your land beyond the grant of right of way.

  3. #3
    Join Date
    Nov 2008
    Posts
    12

    Default Re: Tresspasing Beyond a Right of Way

    Thank you

    FYI: all the ROW states is the right to pass over a strip of land 8 feet in width

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