Legal Question in Real Estate Law in Connecticut

We just moved into a hew house in CT. The neighbor behind us has a right of way past our house to theirs (a good 1/4 mile past). She has come over twice and demanded we trim all the trees along the road. Are we responsible for maintenance of right of way to her house? It seems crazy to have to spend money to maintain someone else's driveway. Are we going to be asked to pay for her plowing also???

I've been told we own the land and she only has the right to drive through to get to her property. What are we responsible for in terms of maintenance of this right of way?


Asked on 10/29/09, 4:40 pm

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

I think the first thing you need to do is to read the deed to your property. It should (hopefully) tell you who is responsible for maintaining the road. If the deed refers to another document (like a map or an agreement of some sort) that other document may state who maintains the easement.

If there is no language or possibly if it's very vague, then, generally, the beneficiary of the easement (your neighbor) is responsible for maintenance of the right of way. However, your neighbor can not interfere with your use and enjoyment of the right of way since you own it. (he can't chop all the trees down because he doesn't like them). Furthermore, you can not interfere with your neighbor's right to use the right of way. (you can't build a fence across it).

These are generalities, and to be more accurate, I would need more information. Like I said, you should check the deed first.

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Answered on 11/03/09, 7:12 pm


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