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Easement mowing lawn on right of way

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ccantara

Junior Member
What is the name of your state (only U.S. law)? Maine
I own a private way 389 ft long half of it being gravel the remaining lawn. I maintain the entire road including the mowing, however he my neighbor who owns an easement continues to come behind me and mow it lower. Any suggestions?
 
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TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? Maine
I own a private way 389 ft long half of it being gravel the remaining lawn. I maintain the entire road including the mowing, however he continues to come behind me and mow it lower. Any suggestions?
He who? You've left us dangling. :eek:
 

Alex23

Member
Why don't you just tell him you would like him to mow the lawn from now on? That should save you some work. Or offer to do every other month.
 

justalayman

Senior Member
is there a problem because he is mowing it lower? Is he damaging anything because of it?

What does the grant state as to who is responsible for maintainance of the easement?
 
I, too, live in Maine, and I also own land over which the adjacent property has a right of way ingress/egress easement. In my case, this is a foot path to a small wharf on the bank of the river. What I have been told by 3 different lawyers is that if the easement grant is silent with regard to maintenance, then it is your option to maintain it if you would like. You cannot be forced to maintain it. The grantees, or users of the right of way, have a right to keep it passable and safe, if you are not able or willing to do so. However, they should not be taking matters into their own hands. For example, if they felt that a culvert was not safe and needed repairing, then they should bring it to your attention first, and ask you how you would like to handle it. If you said you couldn't fix it now, and it really was a hazard, then you could not stop them from fixing it. However, you are under no obligation to "build to suit".

Conversely, if the grant is silent with regard to maintenance, you cannot force your neighbors to share the cost of the maintenance that you do.

Height of grass is a matter of taste, and absent maintenance instructions in the grant, your neighbor has no right to dictate this on your property. He may think that he is doing you a favor -- that perhaps your mower can't get as close as his. Or maybe he doesn't like your mowing job. Have you asked him?

Some time ago there was a post where the landowner was irritated because the right of way user had put down wooden pallets over a muddy area, and the landowner felt they were unsightly. Bottom line = No Can Do.

We Mainers are a proud, independent bunch. I'll bet you don't like this character behaving as if this is his property when it isn't! And if so, I don't blame you! You may like the road just as it is -- part gravel, part lawn. Absent the mention of maintenance in the grant, he can't pave it -- or make it all gravel -- or change it in any way.

It is your land. He has no right to make any improvements on it without your express permission.
 
One More Thing, FYI

I have been told that while the Maine courts may not have as much expertise in real estate matters as real estate lawyers would like -- nonetheless, they usually rule in favor of the landowner. They are usually not inclined to give away landowner rights.
 

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