Burdensome right of way clearly not needed.

[SJVR]

Jurisdiction

Maine

The deed to our one-acre property includes a right-of-way easement, appurtenant to the land. The previous owners went to court with a neighboring land owner to establish the property line. The neighbor believed our lot ended at an access road that runs from the street, past our house, to his property behind. The court found that the lot extended beyond the road, but also ruled that the access road must remain for the neighbor's use, which is what the deed says. Unfortunately, it doesn't say what he can use it for. When we bought our property, we thought the easement was for his agricultural activity - to allow access to the fields and the garage that he built just behind our property, where there used to be farm equipment lying around. There are no other structures on his land and nobody lives there. We expected trucks and tractors to drive by - more during some seasons, less or none during others - an acceptable burden for us. It was our fault for making assumptions based on an old survey and photos that we saw. As it turns out, the access road and the garage have nothing to do with the fields behind it anymore. Someone else farms those fields and there is access down the street. Meanwhile, the garage owner and his whole family use the access road that bisects our side yard almost every day, for all sorts of things. It also curves behind our house, so there are often pedestrians, pickups, ATVs, and snow mobiles passing quite closely behind the house and we really have no privacy. The shape and proximity of the access road to our house also prevent the addition of any fence or shrubs that might help. The neighbor's property is not landlocked, with his land forming an L-shaped parcel starting at the street, running alongside our lot, and wrapping around behind us. Recently, he even built a new dirt road, both wider and straighter than our access road, and running the full length of the L, from the street all the way to his garage behind our house. Here is a very primitive drawing just to give the idea.

He and his family drive and park on the new road every day, but they also continue to use the access road through our property for strolls and ATV riding, even though the two dirt roads are mostly parallel, maybe 30 feet apart, and end in the same place. The access road through our yard really seems like an unfair burden upon us, since our neighbor's property now undeniably has perfectly good access right from the street. The neighbor was unreasonable in dealing with the previous owners of this home, even though they were his relatives, but we are hoping that if we ask, he will give up his claim to the easement on our land, so we can get rid of the road and enjoy the full use of our property. If he won't cooperate, do we have any legal grounds for getting rid of the easement, since the access road is clearly not needed at all, now that he has made himself a perfectly good driveway? Of course, we would need to speak with an attorney, but I'm hoping for some free general advice, since my husband and I are both having health problems and money is very tight. Thanks in advance to anyone who takes the time to read this and respond!

 

[flyingron]

It's not clear from your discussion how the easement got formed, but it doesn't sound like this was forced as an "easement of necessity" so just because it isn't necessary anymore doesn't make it voidable.

Your best bet would be to work with a land use attorney who can investigate. The fact that you didn't fully research the easement doesn't mean anything either.

 

[adjusterjack]

we are hoping that if we ask, he will give up his claim to the easement on our land, so we can get rid of the road and enjoy the full use of our property.

Then go ask him.

If he won't cooperate, do we have any legal grounds for getting rid of the easement, since the access road is clearly not needed at all, now that he has made himself a perfectly good driveway?

Probably, but my opinion and 5 bucks will get you a cup of coffee at Starbucks.

Of course, we would need to speak with an attorney, but I'm hoping for some free general advice, since my husband and I are both having health problems and money is very tight

General advice from strangers on the internet won't get rid of that road.

 

[welkin]

Unfortunately, it doesn't say what he can use it for.

The express grant of a Right of Way is for ingress and egress so the grant does say what it can be used for (to access and leave the property of the dominant estate across your lot ,the servient estate. Absent any express restrictions or allowed uses in the grant, the neighbor can come and go as they please.

The only way an express appurtenant grant (in the deed) can be extinguished is by agreement of both the servient and dominant estates or by court order. Since your predecessor already tried to have the easement extinguished and failed, I don't see how you would have any legal grounds to challenge the ruling at this point in time.

You might be able to get your neighbor to sell you the easement and abandon it if he is unwilling to agree to extinguish it but you would need an attorney to facilitate any agreement.

 

[SJVR]

Thanks to those who tried to post something helpful. I appreciate your time. To clarify, the neighbor originally thought the access road was on his property. The court ruled that it was not, but created the easement so that he could keep using it. Now he has built a parallel road on his property next door, but continues to use the one on our property, which I know is his legal right, but sucks for us. In my original post, I did admit fault for failing to understand the situation prior to purchasing. I know that the way to get rid of an easement is for both parties to agree. I also stated in my original post that I am aware that I will need to hire an attorney to help with this. I know that we will need an attorney even if the neighbor agrees, with or without payment being involved. I just wondered if any professional with experience in this matter might have anything they'd be willing to add beyond what I got from Google. The neighbor is difficult and unpleasant to deal with, even for his own relatives, and I suppose I was hoping for some comfort.