What is the name of your state? Virginia
We have a 38acre working farm that has a ROW (our only access) through our neighbors property. They have been very unpleasant since we asked them to stop riding their ATV's/dirt bikes on our property, as well as to have their children ask first before playing in my yard at all times of day and night. The lane we use has been used for 150+ years to access this property. The lane has become almost undrivable in the past year, as soon as we make any attempts to smooth it out or put some gravel down, it seems to almost immediately be destroyed again, We believe they are tearing it up on purpose as well they have put up a no tresspassing/private drive sign. We have recently leased a portion of our property for a cell site, as well as have sold some timber which will be logged in the near future. We also need to have adequate access for the farm equipment and horse trailers that come in and out. After reading some comments on this site, I pulled the deed. It only state ROW for ingress/egress. Very short, nothing for matinance. If anyone here has any insight into our rights to maintain the ROW for adequate access, if they can block any of the traffic. Can we make them stop destroying our attempts to improve the ROW. I hate spending money when a week later it's back to the same mess.
We want to be reasonable/good neighbors, but I can see this getting ugly. They have a small strip of land on the other side of the drive, We offered to pay to have a new drive installed that would be farther from their house, if they would deed that area over to us. They wanted us to pay for the property, my response was, if I already had a "Free" ROW, and was willing to "PAY" for another road just to benefit them, WHY in the world would I need to pay them for the access again. They have not spoken to us since.
Any feedback would be appreciated
We have a 38acre working farm that has a ROW (our only access) through our neighbors property. They have been very unpleasant since we asked them to stop riding their ATV's/dirt bikes on our property, as well as to have their children ask first before playing in my yard at all times of day and night. The lane we use has been used for 150+ years to access this property. The lane has become almost undrivable in the past year, as soon as we make any attempts to smooth it out or put some gravel down, it seems to almost immediately be destroyed again, We believe they are tearing it up on purpose as well they have put up a no tresspassing/private drive sign. We have recently leased a portion of our property for a cell site, as well as have sold some timber which will be logged in the near future. We also need to have adequate access for the farm equipment and horse trailers that come in and out. After reading some comments on this site, I pulled the deed. It only state ROW for ingress/egress. Very short, nothing for matinance. If anyone here has any insight into our rights to maintain the ROW for adequate access, if they can block any of the traffic. Can we make them stop destroying our attempts to improve the ROW. I hate spending money when a week later it's back to the same mess.
We want to be reasonable/good neighbors, but I can see this getting ugly. They have a small strip of land on the other side of the drive, We offered to pay to have a new drive installed that would be farther from their house, if they would deed that area over to us. They wanted us to pay for the property, my response was, if I already had a "Free" ROW, and was willing to "PAY" for another road just to benefit them, WHY in the world would I need to pay them for the access again. They have not spoken to us since.
Any feedback would be appreciated