If someone has a public 'right of way' written into his deed(or mortgage), does that make it his?

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We have lived in our home 7 years, our neighbor, 50+ years. We have always share the right of way behind our home. The owner of the home behind us (the farther side of the right of way) has written into his deed that he now owns this public right of way. The tenants will not allow us to park back there anymore. Is this legal? How can I fix this?

Attorney Answers

3
James Tupitza ·
Your question concerning a right of way, or easement cannot be answered without looking at the document that created the easement. I am guessing the neighbor owns land, subject to an easement which gives you the right of use. Having a easement for access (often referred to as ingress, egress, and regress) does not give you the right to park cars. On the other hand, if the prior owners of your house had adversely used the area to park for 14 years, when added to your 7 years, there may be a prescriptive easement. DO NOT discuss this with your neighbor until you first talk to a lawyer. Adverse possession and prescriptive easements are often destroyed by asking the neighbor the wrong question.
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Michael Millar ·
I agree with my colleague. You should consult with a local real estate attorney to determine if a right of way exists and what your rights are to it.
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Charles Anthony RickDivorce / Separation LawyerPottstown, PAPA licensed ·
I also agree with the other attorneys. You should speak with a local attorney before speaking with your neighbor. Doing so without discussing it with a lawyer could have adverse consequences.
0 upvotes