Right of way

[Benoit]

What is the name of your state? Maine
I own a piece of property with a camp on it which has been in the family for decades with no issues. A land owner adjoining our property he has owned for 20 years has decided to sell it for a house lot. He has a right of way which is on his deed and ours which says:
Excepting and reserving to the grantor her heirs and assigns, the right to use said parcel of land as a right of way to get to land of the grantor abutting said strip of land, said right of way to be used for all purposes for which public highways may be used.
He sent mee a letter which states that the right of way gives him the right to drive vehicles to the top of lane accessing his property. He says it also gives him the right to clear trees and brush from the right of way, to improve the drive to gravel, to install culverts, to grade it, to pave it, and to make other improvements. I own the property and he has the right of way. Can he do all this? The property has another access to a highway but he says putting a driveway on the front of the house would ruin it??????????

 

[Benoit]

[
QUOTE=Benoit]What is the name of your state? Maine
I own a piece of property with a camp on it which has been in the family for decades with no issues. A land owner adjoining our property he has owned for 20 years has decided to sell it for a house lot. He has a right of way which is on his deed and ours which says:
Excepting and reserving to the grantor her heirs and assigns, the right to use said parcel of land as a right of way to get to land of the grantor abutting said strip of land, said right of way to be used for all purposes for which public highways may be used.
He sent mee a letter which states that the right of way gives him the right to drive vehicles to the top of lane accessing his property. He says it also gives him the right to clear trees and brush from the right of way, to improve the drive to gravel, to install culverts, to grade it, to pave it, and to make other improvements. I own the property and he has the right of way. Can he do all this? The property has another access to a highway but he says putting a driveway on the front of the house would ruin it??????????[/














QUOTE]

 

[FarmerJ]

If the wording does not include any language that specifically says he is allowed to improve,alter,or maintain the easement then he cannot. To make sure go take your document to a real estate atty. Have it reviewed by a real estate atty and have the atty send him a letter explaining to him that if he does anything to your land with out written consent that you will sue him. Also go take pictures of the area now and if he changes anything take more and have them dated by the processor so you can show the changes to a court.

 

[orchardist]

Right of Way

The right-of-way states: "said right of way to be used for all purposes for which public highways may be used".

Yet FarmerJ argues that if there's a tree which blocks the way, it can't be removed unless the right-of-way specificially states this can be done. (And so on.) This defies logic. The right-of-way is meaningless if actions necessary to use it aren't allowed. I don't know the difference between an easement and a right of way, so maybe it is different. But an easement is an ownership right, paid for and recorded with the appropriate authorities. I presume that this right-of-way is not much different.

Perhaps the original poster should build a fence at the edge of the right-of-way to ensure no encroachments beyond the allowed area? The property in question is not exclusively yours, the other party has legal ownership of the right to the equivalent of a "public road", which to my thinking would include some brush clearing, grading, and culverts. These are normal components of public roads.

IMHO, people who don't want to deal with the "infringements" of easements or rights-of-way running through their property should keep looking and not purchase land encumbered by same. It would save everybody a lot of trouble. The appraised value and purchase price of property takes such diminished property rights into account.

You can tell which side of these disputes I've been having to deal with, eh?