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Road right of way, how far can he go?

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boggled1

Junior Member
What is the name of your state? Ohio

My neighbor has a right of way for a road across my property. In the early 80's, he attempted to put the road in by bulldozing a hill on my property, which lead to my property having a huge slip, which tore out our utilities and left our big portion of our property damaged.

He never fixed any of it, and he never put in the road. He now thinks that he can keep trying until he gets a road in.

My question is, how many attempts do we owe him to try and put in a road?
What about the damage that another slip would cause our property?

He says he would not be responsible, although our deed specifically says he is to keep it maintained.What is the name of your state?
 


lwpat

Senior Member
He can do whatever is reasonably necessary for access. If he damages anything he is responsible and you can file suit. You need to send him a demand letter CRRR to fix the previous damages.
 

boggled1

Junior Member
When it slipped, he told us that it was impossible to put it in that location, and that he wasn't fixing it because he was giving back the easement, since it wouldn't work.

He now claims he never said that.

We called in a guy from the state dept to look at the property, and he said it was impossible to ever put a road there without it slipping again. Instead of moving the right of way to a more reasonable spot, the neighbor wants to keep it there, and keep trying.
 

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