• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Neighbor Trying to Bar My Right Of Way

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jackinl

Guest
What is the name of your state? Vermont

We recently won a lawsuit over a right of way we have across our nieghbors property. They have asked for a reconsideration. We had a TRO put on us until the case was settled. In the past week, they have put up a fence, piled brush in the right of way and dug a ditch in the right of way preventing us from use.

Can we have it removed? We called the police and they do not want to get involved and told us to take care of it in court. We have already done that. They seem to keep draging this on. What can i do? Theyre just trying to make it cost us more money even though they have no case. Can they keep doing this? Is there a law the police could prosecute them on? According to the police they havent violated any laws but they are preventing us from use of the right of way. What do we do?
 


HomeGuru

Senior Member
jackinl said:
What is the name of your state? Vermont

We recently won a lawsuit over a right of way we have across our nieghbors property. They have asked for a reconsideration. We had a TRO put on us until the case was settled. In the past week, they have put up a fence, piled brush in the right of way and dug a ditch in the right of way preventing us from use.

Can we have it removed? We called the police and they do not want to get involved and told us to take care of it in court. We have already done that. They seem to keep draging this on. What can i do? Theyre just trying to make it cost us more money even though they have no case. Can they keep doing this? Is there a law the police could prosecute them on? According to the police they havent violated any laws but they are preventing us from use of the right of way. What do we do?
**A: what exactly did the judgement in your favor state?
 
J

jackinl

Guest
copy of our judgement

After going to court recieved the following titled paper...

" FINDINGS OF FACT, CONCLUSION OF LAW AND NOTICE OF DECISION"

Our deed contains the following wording, brought before the court.

"Said Brown [our chain of title] and his heirs or asigns are forever to have right to pass through other lands now owned by said Eastmen and Nutting [ the neighbors chain of title] in the lane as it now is in passing to and from the land herby conveyed to said Brown for all purposes whatever.

* * *​

We also hereby mean to convey to the said Brown the lane about thirty feet wide on the southeasterly side of the land now occupied by Levi Nutting as a pasture leading to land now and hertofore owned by said Brown, and bounded on the southeasterly side by land now belonging to Hurmon Sherman's Estate. Said Brown agrees to put up all bars in the land passing to and from the and hereby conveyed.

TO HOLD SAID GRANTED PERMISES WITH THE APPURTENANCES THEREOF FOREVER."

Also in the Conlcusion of law section, the following is stated by the Judge....

" There was no limitation on the grantee's use in the 1881 instrument creating the right of way. None should be imported because the passage of time has seen the replacement of horses by automobiles and, sadly, cows by ATVs. Skow v. Goforth, 618N, W.2d 275, 278 (Iowa 2000); Hodgkins v. Bianchini, 80 N,E.2d 464, 467 (Mass. 1948); Swensen v. Marino. 29 N.Ee.2d 15, 18 (Mass 1940) ("We should be very slow to hold that even ancienct rights of way, not expressly restricted as to the type of vehicle . . . could not be employed at all for the means of transportation in the common use by a succeeding generation.")

The last page of my judgement says the following

" NOTICE OF DECISION
We therefore expect to enter a judgement, suitable for recording, declaring that the lane in question, 30 feet in width, remains an easement appurtenant to the lands of LaVanway."

They now have in a reconsideration, which we have filed a counter reconsideration against. Is he still allowed to change the lane? He has put up fences, dug ditches, filled the lane with brush ect. We talked with the state police. They claimed because it is his land, he can ruin our right of way if he pleases. He can block it, change it, anything. They said they cant do anything about it because its not a criminal act, its a civil. Is this true? Can he always just when he feels like it, even after a final decision just block it?
 

HomeGuru

Senior Member
jackinl said:
After going to court recieved the following titled paper...

" FINDINGS OF FACT, CONCLUSION OF LAW AND NOTICE OF DECISION"

Our deed contains the following wording, brought before the court.

"Said Brown [our chain of title] and his heirs or asigns are forever to have right to pass through other lands now owned by said Eastmen and Nutting [ the neighbors chain of title] in the lane as it now is in passing to and from the land herby conveyed to said Brown for all purposes whatever.

* * *​

We also hereby mean to convey to the said Brown the lane about thirty feet wide on the southeasterly side of the land now occupied by Levi Nutting as a pasture leading to land now and hertofore owned by said Brown, and bounded on the southeasterly side by land now belonging to Hurmon Sherman's Estate. Said Brown agrees to put up all bars in the land passing to and from the and hereby conveyed.

TO HOLD SAID GRANTED PERMISES WITH THE APPURTENANCES THEREOF FOREVER."

Also in the Conlcusion of law section, the following is stated by the Judge....

" There was no limitation on the grantee's use in the 1881 instrument creating the right of way. None should be imported because the passage of time has seen the replacement of horses by automobiles and, sadly, cows by ATVs. Skow v. Goforth, 618N, W.2d 275, 278 (Iowa 2000); Hodgkins v. Bianchini, 80 N,E.2d 464, 467 (Mass. 1948); Swensen v. Marino. 29 N.Ee.2d 15, 18 (Mass 1940) ("We should be very slow to hold that even ancienct rights of way, not expressly restricted as to the type of vehicle . . . could not be employed at all for the means of transportation in the common use by a succeeding generation.")

The last page of my judgement says the following

" NOTICE OF DECISION
We therefore expect to enter a judgement, suitable for recording, declaring that the lane in question, 30 feet in width, remains an easement appurtenant to the lands of LaVanway."

They now have in a reconsideration, which we have filed a counter reconsideration against. Is he still allowed to change the lane? He has put up fences, dug ditches, filled the lane with brush ect. We talked with the state police. They claimed because it is his land, he can ruin our right of way if he pleases. He can block it, change it, anything. They said they cant do anything about it because its not a criminal act, its a civil. Is this true? Can he always just when he feels like it, even after a final decision just block it?
**A: and what did your attorney advise you to do?
 
J

jackinl

Guest
Advice

Our lawyer has been giving us problems throughout the whole ordeal. He loses papers, repeatedly and we're not sure we can trust that he is really working for us. He seems very passive. We did all of the research and found the cases of law to win our case. Also the judge sited many cases in our favor too. It seemed to us that the Judge expected a reconsideration or an appeal to happen and he made sure that his decision could not be reversed and that he covered all the ground.

Our lawyer's advice to us is to wait and not do anything untill the judge rules on the reconsideration because if it is overturned in an appeal we could have to pay damages for changes made. We are not concerned that we will lose even in an appeal. They have no case. It is a time & money issue to us.

I am not sure of the laws but it seems to me that this right of way should be ours until they prove otherwise (although i dont believe that they can prove that). The right of way is clearly ours. They wanted to take it by adverse possesion and failed. It is ours, they just own the land underneath. How can it be "legal" for them to block our use of the road. How is an owner supposed to stop someone from adversely possessing their land if they dont even have the legal rights to call the police and tell them to have them remove a blockage?

We just recieved papers from the judge that there motion for reconcideration was denied.................we are so happy. on the down side we still have the blockage problem to deal with. We have just decided to remove it once again.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top