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  1. #1
    Join Date
    Jan 2009

    Default Connecticut Right of Way

    I have a question regarding a private right of way that is included in my deed and my neighbors’ deeds. My state is Connecticut.

    I purchased a property on a private road that has a 40’ right of way provided for all of the residents of the road to access their properties. The road is actually about 20’ wide and was placed off center. The deeds describe each individual parcel and then describe the right of way and finally state that each property owns to the centerline of the road directly adjacent to the property.

    When originally created the road terminated in a circular turnaround. Sometime ago the circle was allowed to go wild and trees have started to grow in the turnaround. According to the property descriptions I own half the circle and one of my neighbors the other half. His drive way goes through an area on his half my driveway is on a part of the road prior to the turnaround.

    My questions:
    1)Over time the area has become a dumping ground for construction waste, a car bumper and beer bottles, etc… Is there any reason I cannot remove this garbage? I feel it is dangerous to my kids.
    2)Some of the trees are interfering with my ability to pull into and back out of my drive. Can I cut these trees?
    3)Can I use the right of way to widen my drive or create a circular driveway (assuming I can get Town permits)?

    My neighbor tells me I am not allowed to touch anything on that are of land. The rest of my neighbors (12 families) are very happy the area may finally be cleaned out.

    I consulted a lawyer who told me I could do anything I wanted, including clearing the land and planting grass. However my neighbors would be free to drive or park on the grass. He also said we should expect a lawsuit and that we would “eventually” prevail. That doesn’t strike me as much of a strategy?

  2. #2

    Default Re: Connecticut Right of Way

    Your attorney was correct. You can be sued over anything.

  3. #3
    Join Date
    Oct 2007

    Default Re: Connecticut Right of Way

    Not having posted the wording of the grant, it's really impossible to respond.

    You are left with the advice of your attorney.

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