What rights are included in a deeded right of way?

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What rights are included in a deeded right of way?

My neighbor has just ditched the road which is his right of way to his property. In doing so he has torn out my access from the road to my property , claiming he has the right to maintain the road., and that the ditch was needed, which is was not,. Nonetheless, does he have the right to tear ditches wherever he wants without my permission? What are his rights as far as road maintenance?

Asked on November 18, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the tems and conditions set forth in a recorded right of way ordinarily control the obligations and duties allowed as to the right of way. If the terms are not set forth in it, then the laws of the states allow ordinary repair and maintenance.

From what you have written, I suggest that you consult with an attorney experienced in real estate law to assist you in the matter you are writing about.


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