right of way width

[dgrah]

What is the name of your state? WV
we are buying property with a right of way to it owned by another. The right of way is very narrow at one point, enough to cause concern regarding emergency vehicle access. What are our rights to widen the right of way by 4 ft. if the owner of the right of way doesn't want it widened? The point of question has 2 large trees that may have to be removed in order to widen the right of way. The right of way has been used for more than 30 yrs, but never by any large trucks, etc. only passenger cars or 4 wheelers.

 

[I AM ALWAYS LIABLE]

"The right of way has been used for more than 30 yrs, but never by any large trucks, etc. only passenger cars or 4 wheelers, moonshiners, and drug runners."

What does the deed say about the dimensions, and on whose property are the trees?

IAAL

 

[dgrah]

no dimensions are stated in the deed. The trees are supposedly on the property of the man who claims to own the right of way. The attorney searching the deed says he can find no evidence that the man actually owns the property and we would have to pay to have it surveyed to dispute him. This man has also installed a gate to keep others from using the road. We have a key, but have concerns about being forced to deal with a locked gate. There is no livestock on his property that needs to be contained.

 

[HomeGuru]

If the road was like that for 30 years, there is no reason to alter it unless due to an ordinance requiring a larger width for ingree/egress of emergency vehicles.