repairing a structure on a right of way easement

What is the name of your state? Maine

In 1969, my dad sold the far corner of our family estate to his secretary, whose family was long-time friends of our family. This sale granted "a right of way to the wharf on the shore of the river for the purpose of ingress or egress to the wharf to maintain a float." That's all the deed says about the ROW.

My dad gave Mr. Long-Time Friend permission to make repairs there, which included a walkway over the land to the edge of the water. In fact, my dad worked alongside Mr. LTF on these repairs.

Mr. LTF died in 1990, after which time the walkway fell into disrepair. His widow, Mrs. LTF (who was in her seventies at the time), abandoned this ROW by selling her boat, her float, and telling the neighbors that she was giving up boating. She also thanked my dad for the use that she and her husband had of the ROW for all those years.

I am now the owner of the family property. Mrs. LTF died last spring, and her daughter sold the property to a couple who bought it specifically for the ROW deep water access.

I would prefer not to pursue the aspect of abandonment; I am hoping that I can work things out with the new neighbors.

Here are my questions:

1. Am I correct in my understanding of the rights of the new neighbors? My understanding is that they have the right to pass over my land to the wharf, and that they have the right to keep the walkway passable if I do not do it. My understanding is that they do not have the right to store their float on my land. Mr. LTF did, but that was because my dad gave him permission to do so. Also, his float was small, and Mr. New Neighbor's will be much larger. The deed does not mention storage. Also, Mr. New Neighbor has plenty of his own land across the road, and he could store it there. My understanding is that they do not have the right to place a picnic table on my land, erect a storage shed, leave personal property, park cars, have a party, or landscape. Is all this correct?

2. If I give my new neighbor permission to make the repairs to the walkway to make it passable, what kinds of problems might I be creating? I told him that my husband was going to fix it, but he said that he had already gotten the lumber for it. Then he said that Mr. LTF had built the structure that was currently there. I thought he said it in a tone which implied that therefore I had no business touching it. Does my neighbor have the sole right to repair this structure? Can he enlarge it? Change the design from what is already there? Paint it whatever color he chooses? Do I have the right to see his plans ahead of time and approve them? Does he have the right to decide that instead of repairing what is there, that he would prefer to rip it up (even if still serviceable) and replace it with something fancier?

I will appreciate your opinions/advice/cautions. Thank you.

Mrs Bridges said:

Here are my questions:

1. Am I correct in my understanding of the rights of the new neighbors? My understanding is that they have the right to pass over my land to the wharf, and that they have the right to keep the walkway passable if I do not do it. My understanding is that they do not have the right to store their float on my land. Mr. LTF did, but that was because my dad gave him permission to do so. Also, his float was small, and Mr. New Neighbor's will be much larger. The deed does not mention storage. Also, Mr. New Neighbor has plenty of his own land across the road, and he could store it there. My understanding is that they do not have the right to place a picnic table on my land, erect a storage shed, leave personal property, park cars, have a party, or landscape. Is all this correct?

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Yes and no. The right to abandon died with Mrs. LTF. Unless the new owners agree to abandon the ROW, they purchased it along with the property.
As to the size of the float, unless the Deed restrictions for the ROW specify the size, that is a question for a judge.

The rest of it is forbidden unless you give permission. The ROW is for ingress/egress only. Not for parties, parking or persnipity.

Mrs Bridges said:

2. If I give my new neighbor permission to make the repairs to the walkway to make it passable, what kinds of problems might I be creating? I told him that my husband was going to fix it, but he said that he had already gotten the lumber for it. Then he said that Mr. LTF had built the structure that was currently there. I thought he said it in a tone which implied that therefore I had no business touching it. Does my neighbor have the sole right to repair this structure? Can he enlarge it? Change the design from what is already there? Paint it whatever color he chooses? Do I have the right to see his plans ahead of time and approve them? Does he have the right to decide that instead of repairing what is there, that he would prefer to rip it up (even if still serviceable) and replace it with something fancier?

I will appreciate your opinions/advice/cautions. Thank you.

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Tell Mr. New Neighbor that your husband will repair it. PERIOD. That he is not to touch it in any way, shape or form. Mr. New Neighbor needs to learn the meaning of a Right of Way. It's called that because he has the right to use the way, not because his way is right.

You still own the land and have complete control over it other than that specified in the deed restriction. So, if mr. New Neighbor would like to have his 'walk' and eat it too, he can purchase the land from you and grant YOU the ROW.