Is This a "Right-Of-Way" or Just My Front Yard"

dmoore1623 · #1 11-09-2008, 07:45 PM

Property in state of Arkansas.

I will start with trying to explain how my property looks so this can be better understood. My house sits way back off the street, it is actually in the middle of the block. When I look out my front windows, I am looking at the back of my neighbor's house to the right. My backyard is barely wide enough to pull a car in. So anyway, there is a 6 foot privacy fence (belonging to the property owner) that runs from the back corner of my property to the edge of my neighbor's brick carport. The brick carport wall then runs just enough for a car to park. From there the driveway goes back into their property about 1 foot. My problem is that the owner of the property thinks he has a "right-of way" into my yard to drive into his backyard. Two years ago I had the property surveyed because he was telling the people he was renting the house to that they could park to the right of the drive, which is actually my front yard. The privacy fence and the brick carport wall are directly on my property line. From the edge of his driveway he only has about one foot to the property line. There is no "road" leading off his driveway to the his backyard. It is my "grassy front yard" that he is pulling thru and driving over. The reason he thinks there is a "right-of-way" is because close to 20 years ago the man that owned the house had asked my mother if he could pull his truck thru her yard so he could unload some things. She told him yes as long as he didn't abuse it. None of this is in writing. This past week the owner had part of the fence repaired and put in a big double gate that opens onto my property. The workers drove all around on my front lawn and when I went out to talk to them, they informed me it was a "right-of-way". Anyone have any thoughts on this?

FarmerJ · #2 11-09-2008, 08:59 PM

Yup, first how long have you owned this house ? if you only bought it a short time ago the time clock for the other owner to claim a easement started over when you bought it , you might want to use the links above and locate a atty to write for you a letter telling them with out a written easement or written permission from you they are not to cross over your property. Your home is in some areas refered to as a alley house, because the home sits about a car length or car width or so from a alley or in some areas when they were more rural the house sat near the middle of the lot then later the larger lot was split up. The city I used to live in had a number of them.

dmoore1623 · #3 11-09-2008, 10:23 PM

Thanks for the help!!! My parents bought the property 46 years ago. It was in my mother's name till it was changed over to my brother, then in 2002 we bought it from him. My family has lived in this house all these years. Since having the property surveyed 2 years ago I have not had any problems. The man stayed off my property and didn't mention at the time anything about a right-of-way. I understand what you are saying about the alley but in my case it doesn't run behind my property it runs beside my property (from my street to the street behind me). I plan on contacting our city Code Enforcement and a lawyer. I have looked at all the paperwork on my property and can find nothing showing a right-of-way. This property has been in my family for 46 years (the house I was raised in). My family (I have 5 sisters and 2 brothers) are currently going thru their pictures to prove that there never was a gate until the current owner put one in and he was never given permission to do so. I am just tired of arguing with this man. If I was to try and put something up, he would remove it...we believe he pulled the markers after it was surveyed...can't prove it though...and had to have it redone. Anyway, thanks for the help.

Alex23 · #4 11-10-2008, 11:21 AM

Sounds like trespass to me. You should have laws about that in your state.

Ozark_Sophist · #5 11-10-2008, 02:28 PM

Send a CRRR letter to the other property owner revoking permission to use your yard as a right of way. Make it clear use was permissive only and any further use by the other party or his tenant will be considered trespass.

seniorjudge · #6 11-10-2008, 02:31 PM

Quote:

Originally Posted by dmoore1623

...
The reason he thinks there is a "right-of-way" is because close to 20 years ago the man that owned the house had asked my mother if he could pull his truck thru her yard so he could unload some things. She told him yes as long as he didn't abuse it. None of this is in writing.
...

If this is correct, then the use has been permissive and there is no adverse possession.