A right of way is a legal right. If another person is granted a land easement, the rights of the landowner are limited. Talking to neighbors is a logical first step, as blocking a right-of-way may simply be due to misunderstandings. You may be able to agree on the right of way, which will result in a satisfactory outcome for both parties. In State v. Danno, the Florida Supreme Court, he was asked to decide whether a county can charge a fee based on a public right of way created by order. We live on a private road in the country house. We are full-time residents as well as others. Our main road has been there for over 60 years, but now some of us owners have decided to change the direction of the road and have already cleared and laid gravel. I might add that they are seasonal owners. We have said many times that we will not use the new road as it leads far into the forest and the design makes it difficult for large vehicles to make the curve, in addition, part of the road is uphill and again we are here all year round, so it causes problems in bad weather. There has never been a legal discussion about any of them and, basically, they act insidiously.

I know that actions need to be changed, there are people along the way who disagree with the changes. What do you think? In a more recent case, in Dwyer v. City of Westminster [2014], the Court of Appeal ruled that not using a passage for 40 years was not a task. This happened despite the fact that it was blocked and inaccessible most of the time, because a neighboring landowner had taken possession of it negatively. For example, a right-of-way could allow a person to cross someone else`s land to get to their home. A landowner usually cannot block a right-of-way, but there are a few exceptions. Crashes. Do they have a legal right of way? If in doubt, you should consult a lawyer. I have a 25 foot property line immediately on each side.

Although landlords are not allowed to block easements, they could still try. These situations can be quite frustrating, especially if the easement allows access to your residential property. However, it`s important to stay calm – you don`t want to start an argument with the owner that could lead to physical violence. Only one of the following reasons can be asked or closed: It is necessary to authorize the development (if a building permit has been granted) The landowner/user benefits from the deviation. The audience enjoys the distraction. I live in a house that is part of my mother`s trust – she is old and lives with me and I will inherit the house. Originally, the property had an area of about 4 acres and had a house. My parents added a barn with a second driveway, later a house for my grandparents with its own driveway on the other side of the barn. After the death of my grandparents, this house was rented.

Eventually, my parents separated the house with a morning and offered it to a rented tenant with an option to buy, who eventually bought it and lived there for about 15 years. Originally, this neighbor was quiet/kind and we didn`t have any quarrels in the 2 years I lived here. She got used to driving down her driveway, through my lawn and out of the driveway leading to my barn. It didn`t matter much when it was just her, but she recently added her daughter and son-in-law to the household and they have a lot of friends/relatives. Now it`s like a highway. I was informed by several lawyers, insurance agents, etc. that I should not allow them to establish a right of way through the property, as this would create legal problems for years to come, so I blocked the driveway. Now they are angry and involve the whole neighborhood – and even turn my own brother against me.

Do I have to withdraw and let them pass whenever they want? My insurance agent told me that if I did this, I had to increase my landlord`s liability and I really can`t afford it. One problem: We have a notarized easement about 500 meters from the neighboring property. We maintain and use about 400 of these courses and the remaining 100 yards are used by us and the neighbors. Over the past 10 days, the ride has turned into an ice rink due to heavy traffic and lack of concern for the condition of the entrance. We are older and I am disabled and in poor health, and if an ambulance is needed, it would be impossible for them to reach us (we live more than 1/4 mile away on the main road). The neighbors decided to park their vehicles on the main road and go towards them, but we can`t do it because of my disability. They are still trying to drive their vehicles and make the driveway and our servitude completely impassable. Is there a law that can prevent them from disembarking us because they don`t maintain/cause this problem? My husband has taken care of maintenance in the past, but they are constantly destroying any improvement in servitude/right of way.

We become disabled and also more and more worried because we have no way to get food or get my weekly blood tests, which are necessary for my well-being. Please help. I live in rural California and use an easement to access my property. The owner of the easement has a tenant who has dogs who often run away and chase my car. They have a fence around the cell phone they rent, but it is dilapidated. Today, the tenant complained to me that she had descended the easement and drove fast enough to injure her dog. I admit that I was traveling faster than usual and I apologized for it, but I told him that the servitude had a purpose and that I could access my property. The best solution for them would be to control their dog. By the way, the owner has dogs that also hunt my car. I also told the renter that my daughter had her new car, which didn`t even have license plates that had been scratched by her dogs when she stopped at the easement as she came to visit her.