Right of way question

[Arch304]

What is the name of your state? WV

We live on my wifes parents land. Obviously, there is a right of way to the property. Do we have the right to use it as well since we are on the same land? The deed for the right of way, (in my unprofessional opinion) is very vague.

It dosent state who can use it, how it should be used or that it is for the HOUSE only, or to be used as a driveway for the house. Just basic dimensions and length.

Thanks!

 

[lwpat]

I would say that you have the right to use the ROW. However it depends on state law and exactly how you are using it.

 

[Arch304]

Im "GOING" to use some of it to access my house with a car, nothing more.

anyone else?

Thanks lwpat

 

[seniorjudge]

What is the name of your state? WV

We live on my wifes parents land. Obviously, there is a right of way to the property. Do we have the right to use it as well since we are on the same land? The deed for the right of way, (in my unprofessional opinion) is very vague.

It dosent state who can use it, how it should be used or that it is for the HOUSE only, or to be used as a driveway for the house. Just basic dimensions and length.

Thanks!

Most ROW language is poorly-written.

The answer to your question is, of course, whatever a court rules.

But if the parents have to use the same ROW as you do, then it is probably permitted.

However, if you built your house on the parents' land AFTER they got the ROW, the people who gave the ROW could say that it was being overburdened.

You don't have just one simple answer to your question.

 

[Arch304]

The ROW is in the chain of title. 1964 is when it was granted. And not by the current residents that ROW sits on.

The ORIGIONAL property owners told us they would do whatever they could to help us if any problems, when we purchased all of this. But since that dat, nobody can get a response from them, even my title lawyer.

The people who granted the ROW owned ALL of this property at one point in the past, before 1964. It was all subdivided out.