Does the right of way granted in my deed for a roadway include driveways?

My deed grants a right of way for “any and all purposes for which a town road would be used including utilities.” Does this give a builder the right for a driveway crossing my land to get to the roadway? He has access farther down on his own land.

Asked on September 12, 2011 under Real Estate Law, Maine

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your property has be "burden" of an easement over it, the owner of the parcel of land that has the benefit of the easement over yours can place a driveway over your parcel in the area stated in the easement even if he has access futher down on his parcel to get to it.

I suggest that in order for you to get further clarity concerning your question that you consult with a real estate attorney. Potentially certain zoning requirements may prevent the installation of the desired driveway due to the fact that the easement's width as stated in your deed might not be presently wide enough under current code.

Good luck.


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