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martha w

New member
I live on a private road which dead-ends a couple of parcels past my property. The private road forks at one end of my property, creating a pie-shaped lot. There is unused right-of-way for the one-lane gravel road extending onto the point end of my lot from both sides. I have maintained the property all the way to the road for 14 years. The owner of a parcel across the road is now building a house. He has declared all unused road right-of-way in the subdivision to be "community property." He has now hacked down much vegetation on the point of my lot, built a burn pile, and encourages construction workers and heavy equipment operators to park there. Help!
 

PayrollHRGuy

Senior Member
First you need to find out who actually property. But since it isn't you it really doesn't matter unless the real owner kicks him off of it.
 

HRZ

Senior Member
Details might matter

1. IF you and the prior owner of your plot maintained that drive to the uninterrupted exclusion of others for MORE than 15 years you may want to have a careful discussion witha land use attorney as to if you might have an ownership claim under adverse possession....it's a long shot and many details are lacking.

2. IF the nature of that private road is an easement over which you have a right of going in and out ...then it may well be improper for others to park on it and inhibit you passage ( or that of fire trucks and other emergency vehicles )
 

Zigner

Senior Member, Non-Attorney
Details might matter

1. IF you and the prior owner of your plot maintained that drive to the uninterrupted exclusion of others for MORE than 15 years you may want to have a careful discussion witha land use attorney as to if you might have an ownership claim under adverse possession....it's a long shot and many details are lacking.

2. IF the nature of that private road is an easement over which you have a right of going in and out ...then it may well be improper for others to park on it and inhibit you passage ( or that of fire trucks and other emergency vehicles )
Be aware that 1 & 2 above are mutually exclusive. One cannot claim adverse possession if he has the permission (an easement) of the landowner to use the land.
 
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