does anyone know the law on someone claiming a right of way across your property?

Answer 1

A right of way is called an "easement".

Easements normally come into existence in one of three ways -- in the title (or by other grant), by necessity, or by use.

The first is easy to understand -- the property owner gives the easement as a transfer of property rights. However, it is a right of use, not a right of ownership.

An easement by necessity occurs when one property is enclosed and cut off, so that the person doe snot have access to the roads (or utility services) without crossing someone else's property. This is recognized by most states and many countries, but the specific requirements for what is really necessity (versus convenience) vary.

The third way is called an easement by prescription, and is basically equivalent to adverse possession. If someone uses your property for a long time (5 to 20 years) and you don't object, they can claim a right to continue that usage.

Laws vary by jurisdiction. Check your local listings.

Answer 2

you need to check your state's laws.

Example: my nephew owns a four acre woodlot in rural Vermont. It has been in the family for something like 50 years.

Back in the old days, there was a road that ran past the woodlot and served that property and two other neighbors. Both of those houses were abandoned over the years and the underlying land bought by a neighbor who legally deleted the property line between his parcels [merged them].

With the road now unused, the town 'threw up' the road [gave it up to the adjoining property owners] so the town wouldn't have to spend town money taking care of it.

This dead end road passed through a farm consisting of two parcels, one on each side of the road. When the town 'threw up' the road, the farm owner claimed it and filed to merge his then three parcels, which the town granted.

This cut off our nephew's only access to his woodlot. [Town still taxes his woodlot, claiming it has value.]

Our nephew claims he has a right of way over the old road bed to his property. Neighbor disagreed. Court ruled that a 1930s era Vermont law controlled -- this law prevents the creation of any landlocked parcels [land that no one can legally get to from any public highway] and thus, imputes that an easement was created for my nephew when the town 'threw up' the road to the farm owner.


BUT ... not every state has such laws, so you'd best look and see what the case is in your state.

Of course, if there is a right of way in the deed to your property, it exists. Further, under English common law, such a right of way may be deemed to exist if you're permitted others to use it without compensation for an extended period.

Read your local law on these matters.


GL

Answer 3

Yes, it's called "EASEMENT". What this basically means is that if the public has been using a piece of your property to access their property or a public area. Then by law they are granted EASEMENT(or the right to continue to use it).
Public utility company's also use this LAW, to access the lines on or under your property, and there is nothing you can do about it unless they damage your private property. Then and only then can you file an injunction to strip their rights of easement, due to destruction of Private property. Or if they threaten you you can file the injunction due to personal safety.
Other than that just bite your lip and deal with it. If you don't, and harass them, you could get a Restraining Order against you and be forced off your own property, if the restraining distance is larger than your property line. Sorry, but that's the way it is!
Oh yea, check your deed, all easements have to be stated on the deed itself!!

Answer 4

Google "easement law" in your state. Also, it has a lot to do with what is stated in your deed.

Typically, the only way someone would have easement access to your property is if two parcels of land were sold off and accomodations were made to the driveway.

If there are no advisements for easement on your property, then contact a Real Estate Lawyer. You can access rent to that person-- or block them entirely from using your property. That would be trespassing after all!

Answer 5

Check you deed and your survey. Any easements should be clearly stated. If your deed does not specify any easements, nor does your property survey, then it would be necessary for the person seeking easement to show that there is no public access to their property and, in some cases, you could be ordered to provide easement, either with or without compensation. I worked for a telecommunications company that paid for easement rights to transmitter sites as a normal course of business.

Answer 6

Yes. Each state is different. usually a right of way across your property is recorded as an easement in a deed or an easement appurtenant on a back deed in the chain of title. It will usually show up on the survey (or plat) of the property. Depending on the county they run from 30-50 feet wide. Sometimes they are recorded as part of road maintenance agreements. A title search will disclose them

Answer 7

Illegal aliens have more rights than you as an American citizen.