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  1. #1
    jdella is offline Junior Member
    Join Date
    Sep 2010
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    Question Right of way abuse

    What is the name of your state (only U.S. law)? MA
    The restaurant next to our store asked to have a right of way through our back parking lot a coupe of year ago so that his delivery trucks have an easier way to get to his back kitchen. Both our property are on a busy road. We took down the fence for him for easier acces. However wit the latest storm, a tree went down and he decided to repave his own back parking lot and in doing so repaved the 4 foot dirt path betweent he two parking lots (his parking is higher than ours...) .This whole business has not helped our own parking lot as holes are getting bigger and bigger. I was not very pleased with this whole situation and wonder if that will affect our property value and what rights are taken away from us...How can I confront him so that neighborhood friendliness is still there but I don't want to be a fool either! Any thoughts? Thanks in advance
  2. #2
    FarmerJ is offline Senior Member
    Join Date
    Apr 2002
    Location
    snowland
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    11,145
    Get a survey done so you know exactly where the lot lines are and tell your nieghbor that you made a mistake and your lot is getting too beat up with the increased traffic and no longer has permission to access his property from yours. Back up your conversation with written letter sent via certified mail and if needed fence in your lot on that side again but with the fence to be a few inches to your side of the lot line. Things changed for ever when you let nieghbor use your property for access. so btw no matter what there still can be hard feelings.
    Last edited by FarmerJ; 09-19-2010 at 07:03 PM. Reason: btw
  3. #3
    154NH773 is offline Member
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    Dec 2007
    Location
    New Hampshire
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    949
    The restaurant next to our store asked to have a right of way through our back parking lot
    Did you give a deeded right-of-way, or did you just give "permission" without anything in writing?

    If you only gave "permission, then I mostly agree with farmer, but perhaps you should agree to re-grant permission if he will contribute to maintenance of your lot over which he drives. He shouldn't expect to use your property without giving something in return.

    If you gave a deeded easement, without conditions, then you have a problem.
    what rights are taken away from us
    You can give your rights away, which perhaps you have done, but I doubt that they can be easily taken away.
    Last edited by 154NH773; 09-20-2010 at 08:03 PM.
  4. #4
    jdella is offline Junior Member
    Join Date
    Sep 2010
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    Thank you for your help!

    I am going to do what Farmer said and have the landlord (not the restaurant owner I found out!) break the pavement he put between our properties so that we can have our fence put back.. Thanks to all

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