Mrs Bridges
Member
Distinction between deeded rights & permissive use
What is the name of your state? Maine
I used to hike and cross-country ski across the small backyard and driveway of my neighbor. She was a close family friend before she was a neighbor. However, now that she has died, and her property has been sold to new people, I no longer do this. I think it would be rude and cheeky if I did continue to do it, not to mention trespass.
This neighbor had a deeded right of way across my property, which was granted to her by my parents when they owned my property. Because she was a close family friend, my parents gave her permission to do things with our property which were outside the scope of the deeded rights of ingress egress. However, she always secured my parents' permission first before she did anything other than ingress egress.
Now there are new owners. Apparently my former neighbor's son-in-law told the prospective buyers, who later became the new owners, that they had the right to do everything on our property that my parents allowed our family friend to do. My position is that there is a distinction between the deeded rights which pass with the land (whether I like it or not), and the permissive rights which were specifically sought by my former neighbor, and granted to her by my parents on a case by case basis.
Also, the fact that my former neighbor always asked permission to do activities which were outside the scope of the deed, implies to me that my parents always had the right to refuse her request(s) if they so chose.
I know that my new neighbors have the the deeded rights of ingress egress, but do they have the right to do all the other things which my former neighbor secured permission from my parents to do? My mother, one of the original grantors of the right of way is still alive and has written an affidavit explaining all this.
Thanks for your help.
What is the name of your state? Maine
I used to hike and cross-country ski across the small backyard and driveway of my neighbor. She was a close family friend before she was a neighbor. However, now that she has died, and her property has been sold to new people, I no longer do this. I think it would be rude and cheeky if I did continue to do it, not to mention trespass.
This neighbor had a deeded right of way across my property, which was granted to her by my parents when they owned my property. Because she was a close family friend, my parents gave her permission to do things with our property which were outside the scope of the deeded rights of ingress egress. However, she always secured my parents' permission first before she did anything other than ingress egress.
Now there are new owners. Apparently my former neighbor's son-in-law told the prospective buyers, who later became the new owners, that they had the right to do everything on our property that my parents allowed our family friend to do. My position is that there is a distinction between the deeded rights which pass with the land (whether I like it or not), and the permissive rights which were specifically sought by my former neighbor, and granted to her by my parents on a case by case basis.
Also, the fact that my former neighbor always asked permission to do activities which were outside the scope of the deed, implies to me that my parents always had the right to refuse her request(s) if they so chose.
I know that my new neighbors have the the deeded rights of ingress egress, but do they have the right to do all the other things which my former neighbor secured permission from my parents to do? My mother, one of the original grantors of the right of way is still alive and has written an affidavit explaining all this.
Thanks for your help.
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