Right of way

What is the name of your state? What is the name of your state? Maryland

I am having a dispute with a neigbor over a section of my property that butts to his. It is the corner of the property, which also aligns with a road. His driveway to his house is off this road. His house is a summer house and he rents it during the rest of the months of the year. I have always had trouble with renters or other members of his family when visiting this house and running their vechicles over the corner of my lot that that divides the two properties. Over time, this corner of my yard has receded and the grass has been replaced with dirt and gravel. His last renter basically used the corner of my lot to pull directly into his driveway. I have complained over and over to him and on occassion he has called to the house and said that he has spoken to the renters and it won't happen again.

There is a fence that divides our two properties. The fence stops about 8' short of reaching the road. However, I have landscaped a few feet out past this fence. This leaves about five feet to the road that was orginally grass that I cut.

Recently, during a family event, my neighbor had a house load of visitors. Consequently, his driveway was full and my wife and I had noticed that a car had again run through this section of the yard and left tire tracks. This was the last straw!

My wife and I added another section of fence to the existing fence. In doing so, we added an additional post which, required digging and cement. We also extended our landscaping out to make it all attractive again. The new fence post is set back from the road 2+'.

The addition to the fence does not block access to his driveway. However, it does prevent someone from running over the corner of our lot.

Of course our neighbor did not like what we did. He hired a surveyor to survey the property line. After this was completed, we noticed the stakes used to mark the property stopped at the orignial fence post. The surveyor told my wife that the distance to the road was listed as right of way that travels along the road along both properties.

My neighbor as retained a lawyer and we recieved a letter just recently from him. In this letter, it is demanding that we remove the fence immediately. It says that extending the fence into a right of way is an illegal act and consitutes nuisance and a trespass. It also goes on to say that if litigation is required, compensatory and punitive damages will be sought!

I'm not sure if I've painted the picture clear enough, but I need to point out some other information.

1. The road and the right of way is privately owned by a single owner other than my neighbor.

2. My neighbor is a retire attorney and is very pushy.

3. The survey showed that a good portion of his driveway is built on this right of way.

4. He has also built steps through the right of way down to the road that travels along both properties.

I would like to know my rights I have pertaining to right of way? If the property is not his or the county I live in, what would a judge say? If this goes to court, will it be in small claims court and what rights to I have?

My other neighbors side with me and feel that he is acting out of spite!

I will appreciate any help and advice I can get on this situation!

Regards,
Rinker

Move the fence.

Junior Member Dutch, Thanks for the great advice.... If anyone else can offer some help while using a few more brain cells, it would be appreciated!

[FarmerJ]

question for you . How long has this use of your property been going on ? the longer it has gone on the harder it will be to fight this out . you should really also talk with a attorney state by state things are so different . If you dont know a lawyer search thru this site and arrange for a consultation.