I have a right of way problem. I own the 20 foot wide right of way that gives access to my neighbors property. I take care of the right of way(cut the grass and clear the snow). My problem is my neighbor cuts the grass even after I have cut it and cuts it so short all the grass dies. In the winter even after I snow blow the driveway(right of way) he will plow and tear up the grass. He says nobody owns this right of way and I need his ok to do anything on it. such as I had a sprinkler system put in along the right of way and he verbally assaulted the guys putting in. He has also done the something to the tree removal people I had there to take down some trees. Its on my deed and his that there is a 20 foot right of way but according to the town I pay the taxes on it so its my property. What can I do? Is there a written law about right of ways. Please help. Please excuse my spelling.
Submitted by crzegocki on Mon, 01/17/2011 - 16:02
Posted in
control of right of way
Your neighbor does not understand the law related to rights of way in Massachusetts. You own the land and you can do anything you want on the land, as long as you do not interfere with your neighbor's use of the right of way. Absent some unusual language in the deed creating the way, your neighbor does not have any right to do anything on the land (mow the lawn, for example) other than to use it for ingress and egress. Clearly, nothing you have done (sprinklers, etc.) interferes with his right of way. There is no easy way to solve this kind of problem (unreasonable neighbor who does not understand the law). Your best bet is to contact a local real estate attorney and ask her to send a letter to the neighbor. If he still refuses to cooperate, your attorney can obtain an injunction against him.
Definition Please!!
Dear Editor, in this string, can you define "neighbor's use". I have a similiar right of way issue.
Does the right of way extend ONLY to the owners or occupants of the property that have access, OR can the owners then extend use of the right of way to all their visitors? Thus increasing the amount of traffic crossing on my property?
Also, does the ingress/egress extend to biking/walking or just automobiles?
Basically, can I legally tell (or have an attorney prepare a letter) for the teenagers/parents dropping off friends to visit the neighbors to stop using my driveway as they are trespassing. These visitors do not "own" or "live" on the adjacent property, and I can't see where the law has defined "the owner", how far do their rights go vs. my rights against trespass.
Overburden right of way
There is a concept in the law known as overburdening an easement or right of way. I am not an expert in this are of the law, but I don't think walking or riding bikes (or allowing visitor to use the driveway) would constitute an overburdening. However, if you can afford to do it, you should talk to an attorney, let her read the documents involved, and then, perhaps, ask her to write a letter. Good luck.