My question involves real estate located in the State of: Maine
Hi All newbie here with a question and I hope I explain my situation correctly.
I own a house in a subdivision that was recorded in 1958, Only 3 houses on the road, it is a private road. the road was part of the subdivision so all 3 of us have a deeded ROW to access our houses via the road. to "ingress and egress". I also own a parcel of land abutting the other side of the road. the road is 2 rod wide. and that deed gives me the right to access the parcel from any part of the road.
I built a driveway, (gravel) from the parcel to the road. In doing so I added gravel across 15 feet of the right of way to get to the traveld way part of the road. In a ROW lawsuit with my neighbors I was told I had to remove the gravel due to Davis VS Burk which states no pavement, gravel, material etc can be placed in a ROW.
Since that order was given last year I have since bought one of the neighbors out and I am now joint owner of the dirt under the ROW with the other neighbor.
Now I am co-owner of the dirt and I have a deeded ROW to access the parcel from the road wouldn't I be entitled to build a driveway as long as it does not interfere with the traveled way? which it does not interfere.
To me it seems like how would one access ones property across a deeded ROW if gravel can not be installed. the issue is the 2 rod road is only 15 feet wide the rest is overgrown crap and that overgrown crap is what I graveld to access my parcel. the area i made into a driveway is 15' x15'. which is nothing compared to the road being 235 feet long.
any help would be great on helping me find some MAINE case laws that state I am able to build a driveway across a ROW that I own to access antoher parcel that I own.
Thanks
Larry
Hi All newbie here with a question and I hope I explain my situation correctly.
I own a house in a subdivision that was recorded in 1958, Only 3 houses on the road, it is a private road. the road was part of the subdivision so all 3 of us have a deeded ROW to access our houses via the road. to "ingress and egress". I also own a parcel of land abutting the other side of the road. the road is 2 rod wide. and that deed gives me the right to access the parcel from any part of the road.
I built a driveway, (gravel) from the parcel to the road. In doing so I added gravel across 15 feet of the right of way to get to the traveld way part of the road. In a ROW lawsuit with my neighbors I was told I had to remove the gravel due to Davis VS Burk which states no pavement, gravel, material etc can be placed in a ROW.
Since that order was given last year I have since bought one of the neighbors out and I am now joint owner of the dirt under the ROW with the other neighbor.
Now I am co-owner of the dirt and I have a deeded ROW to access the parcel from the road wouldn't I be entitled to build a driveway as long as it does not interfere with the traveled way? which it does not interfere.
To me it seems like how would one access ones property across a deeded ROW if gravel can not be installed. the issue is the 2 rod road is only 15 feet wide the rest is overgrown crap and that overgrown crap is what I graveld to access my parcel. the area i made into a driveway is 15' x15'. which is nothing compared to the road being 235 feet long.
any help would be great on helping me find some MAINE case laws that state I am able to build a driveway across a ROW that I own to access antoher parcel that I own.
Thanks
Larry
Use and Enforcement: Building a Gravelled Driveway in a Right of Way
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