Right of way access
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Right of way access
I live on a private road with 8 other
homes. We all share a road that goes
through each property that is right of
way. The deed states the right of way
stops at a stone wall on the end my
property line. The problem is one of
my neighbors crosses the wall to reach
another property that he has a right of
way on . My question is can I stop him
from crossing the wall? He has damaged
Asked on May 11, 2016 under Real Estate Law, Maine
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the right of way does not cross the wall (it stops at the wall), he has no right to cross it until and unless a court gives him an easement to do so; that means he's presently trespassing, and you could call the police on him.
Also, regardless of right of way or not, no one has the right to damage another's property, so if he damages your wall, he is liable for the cost to repair it--if he won't pay voluntarily, you could sue him for the money.
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