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common law right of ways

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pigmiponi

Guest
Rhode island

i live in the middle of a block, there was a right of way recorded back in i believe the 70's that gave driveway access to the house. 2 years ago the owner sold the property, he sold one half (with the house) to one person and the other half (with the right of way)to one of the surrounding neighbors. so here i am with no driveway, and mean neighbors who have physically blocked all entrance/exit. is there a common law, law? this driveway has been used for atleast 25 years! can it be considered common law now? any insight would be helpful!
 


HomeGuru

Senior Member
pigmiponi said:
Rhode island

i live in the middle of a block, there was a right of way recorded back in i believe the 70's that gave driveway access to the house. 2 years ago the owner sold the property, he sold one half (with the house) to one person and the other half (with the right of way)to one of the surrounding neighbors. so here i am with no driveway, and mean neighbors who have physically blocked all entrance/exit. is there a common law, law? this driveway has been used for atleast 25 years! can it be considered common law now? any insight would be helpful!
**A: your post is confusing but if there was a recorded right of way then you are safe. Review your title report.
 
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nextwife

Senior Member
Agreed. If there is an easement of record, the prior owner can divide up and sell as many portions of his place as he wishes, but the easement would still run with the land.

The fact that neighboring situations are fluid and changeable is EXACTLY WHY these things should be put of record and never left as simply "agreements" between neighbors.

Go read your title policy and any attached easement documents that are referrenced. If the doc copies are not attached, get them online, from the courthouse, or your title company and READ them.
 
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pigmiponi

Guest
i ran the chain of title, thats where i found out that one of the previous owners sold part of his property. the problem is, the house was on one lot and the ROW on a seperate lot, adjoing but seperate. so the ROW is not and never was on the lot that the house sits on. but since the same person owned both lots, it was never an issue, until now, new neighbors have moved into one of the houses that is effected by the ROW. these people do not like it. isnt there something that says if a ROW is in use for so long, it becomes common law...
 

nextwife

Senior Member
If the right of way has been in use, and is of record, it matters not if they "like it". They bought the property SUBJECT to whatever was of record. The easement came along with the land, whichever land that easement falls within. Or both if it goes across one, then the other parcel. It is not for them to "like" or not. They "bought" the easement along with the land. It is recorded, it need not be "common law".
 

HomeGuru

Senior Member
pigmiponi said:
i ran the chain of title, thats where i found out that one of the previous owners sold part of his property. the problem is, the house was on one lot and the ROW on a seperate lot, adjoing but seperate. so the ROW is not and never was on the lot that the house sits on. but since the same person owned both lots, it was never an issue, until now, new neighbors have moved into one of the houses that is effected by the ROW. these people do not like it. isnt there something that says if a ROW is in use for so long, it becomes common law...
**A: you needed to review the title reports for both of the properties to see of the ROW is stated on title to each of the properties.
 

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