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Neighbor threatening to block ROW

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S

Sgt. HSA

Guest
What is the name of your state? Maine

3 years ago I purchased a 1 acre house lot to build a house on. Included was a 50' wide x 210' long ROW across seller's land, which is the only access to my property. ROW deed specifically states that seller will furnish a 16' wide gravel road for access.

Original builder (who happens to be person I bought land from) botched the house project, we ended up in a lawsuit which he dragged on as long as possible. Finally got it settled, got a new builder, and finished house.

He is now threatening that he will fill in the ROW with rock and build himself another road next to it that we cannot use, essentially blocking access to our property. As the ROW deed specifically states his furnishing a 16' gravel road, can he go ahead and do this ? And if he does, can I call the cops (my lawyer for the suit told me this would constitute criminal trespass on his part, and he could be arrested for doing it), or am I going to have to go spend another chunk of my kids' college education on another suit against this moron ?

Also related to this, the ROW deed makes no stipulation whatsoever that the ROW can only be used for ingress\egress, yet he has threatened that he will have anything I leave there removed. It is my understanding that unless the ROW deed specifically states it is only for ingress\egress, that I have the same rights to the land as he does.

Any help would be appreciated. I plan to visit the RE lawyer who drew up the ROW deed in the next week or so to have him tell us exactly what our rights under it are, but I'd appreciate any feedback.

Thanks
 


BelizeBreeze

Senior Member
First of all, you have NO rights to the land except as a right of way. You cannot park vehicles on it, plant flowers or take a wiz on it. It's HIS land and only yours to USE.

That being said, you never stipulated whether or not the 16' road existed now or not. That would be a good starting point. If it does and he does anything to restrict your access, then you need to hire a real estate attorney and file suit.

If it does not, hire a real estate attorney and sue him for specific performance to build it.
 
S

Sgt. HSA

Guest
Interesting.

Yes, the road does exist now. He is threatening to fill it with rocks so it is impassable.
 

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