• 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.

Property owner rights versus right-of-way neighbor

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

kawaka

Junior Member
What is the name of your state? ME

We have a neighbor with a house to the East of ours. She has an additional piece of property behind ours that although it connects to her own property, has a right-of-way on the west side of ours. This right-of-way is 16' wide and completely wooded. A couple of days ago she sent someone in & they started cutting the trees down. She had not mentioned anything to us in the last three years about doing anything with this access, so we were surprised to wake up to the sound of a chainsaw. She told the friend that is clearing the land that she would pay him with the wood he cuts.
My question is if she is required to let us know in advance if she plans to cut the trees in the right-of way (or do anything else for that matter) & also as to who owns these trees? She has stopped the cutting at this time until we find out what the law is in this situation.
Thank you for the information.
 


John Se

Member
who owns the property the row resides on?

who owns the property the row resides on? that would determine who owns the trees
 

kawaka

Junior Member
The row is on our property. Your answer coincides with our thoughts and answers the second part of my question. Now do you know if the neighbor is required to inform us if they are cutting, bulldozing, or otherwise changing the present appearance of the row? It is common courtesy to inform us someone will be cutting trees on our property even if it is their row, but is it also the law?
Thanks so much!
 

FarmerJ

Senior Member
you need to review the easements wording. If she doesnt have the right to do anything but cross over your land you need to get up to a atty right away and have them double check your easement and if needed to send her a letter telling her that she is to stop doing any work to property that isnt hers. GO get your documents and survey and locate a real estate atty.
 

kawaka

Junior Member
Another concern we had was liability if the person our neighbor had clearing the land was injured. What would your suggestion be on how best to handle this if the clearing is allowed to continue?
 

Find the Right Lawyer for Your Legal Issue!

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