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

UPDATED: Sep 12, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 12, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption