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Property Rights/ Private Roads?
Grant of right of way...
Anonymous8 views1 answers
I have a grant of right of way to a "private" road. I've been living here now for two years, and before I lived here, the people who owned the house accessed this private road which was then dirt. (For over thirty five years) I've gone to an attorney when I first moved in about this issue, because my neighbor has issues with me driving out that way because he since put grass, rocks, and trees there, lining the road. Five thousand dollars later with an attorney, and nothing has been done. My neighbor has put up a six foot fence in front of my house, totally blocking my view, my access to the road, (and my house does face that private road)...
Here's the problem: I do possess (which I received when I purchased the property) a grant of right of way to the private road. I've had to call the cops probably about ten times since I've been living here. (Problems with the neighbor) Can you help?
Kenneth Allyn Sprang
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Posted
on Nov 9, 2008
I will have to remember this the next time I teach Property Law. What I understand you to say is that you were given a written deed which grants you an easement over the private road or some sort of irrevocable license to use it. The neighbor who owns the road has now put up a fence which blocks your view and stops you from using the road.
You have two possible avenues. First, you could sue the neighbor for nuisance for interfering with your property right in the road. If you have a bona fide easement (a grant of a right of way), you should easily prevail. You can request that the court order removal of the fence and order the neighbor to let you use the road.
You could also file a declaratory judgment action asking the court to declare your rights in the right of way. However, you would want to join that with the nuisance action.
If the neighbor giving you problems is different than the one who owns the road. you may still have an action in nuisance, as the neighbor is unreasonably using his property in a way that unreasonably interferes with your use of your property.
I am not admitted in UT, but I have taught property for many years, and the above is the basic law. I have no reason to believe that UT is any different than most other states.
You need a lawyer who specialize in real property matters. Again, assuming that there is no question about the validity of the grant of the easement to you, you should have a strong claim and one likely to be successful.
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