We have a 40 foot right of way, that is part of our property. We are now having alot of problems with the neighbor who lives off of the right of way. He has dug up our back driveway, now has saw horses blocking the entire right of way, and logs blocking our access to our back property. Our attorney sent him a letter, and to no evail, the logs and saw horses remain. Our attorney informed us to file a private criminal complaint for trespass. The police have spoken to him and he states he owns it(even though we have paid the taxes on it for 19 yrs) and that it is in the "hands of his attorney"--which we have never received ANYTHING from. He has also plowed our driveway in (in the winter) and spray painted our driveway. ? will the courts be able to end this and is a complaint for trespass the correct paper. He did own it, however, deeded it over to the people that we bought the house from. This has been going on for over 1 year, and it has gotten to the point where we don't even go outside anylonger. PLEASE HELP
Submitted by joejoe on Mon, 04/27/2009 - 11:56
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Editor's Response
Yes, a criminal complaint should do the trick. However, you can also ask your attorney to file a civil complaint for injunctive relief or to quiet title (if there is some legitimate dispute about who owns the property). Good luck, and please tell your friends about The Forum.
right of way
I have a right of way problem also. 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 verbaly assalted the guys putting in. He has also done the samething to the tree removel 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 writen law about right of ways. Please help.
Please excuse my spelling.
Right of way
Follow this link to a posting in response to this question regarding rights of way in MA.