Legal Question in Real Estate Law in Connecticut

right of way

we have owned our current home since june 1998, we are the second owners, the first were here for 24 years. the question refer's to use of a drive way in the lower portion of our property which happens to be located on a lake association drive which also happen's to be a private drive. we are not members of this association but continue to use this drive to park one of our vehicle's. to access our drive way we have to use their road approx, 80 to 100 ft. we have used the road to our driveway since we have been here, and recently were sent a letter informing us to cease use of the driveway or face legal action. Our deed states that we have right away access on the road in question (walnut road) and all other roads abutting our property. it was not disclosed to us that there was any type of problem with the property or that there was any question as to use of the drivway. the previous owners stored their vehicles in the area also. thank you


Asked on 5/26/03, 2:14 pm

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: right of way

I'd have to see the documents, but my guess is that you have a right to get ACCESS to your property over the assn road, but not a right to use it as a parking or storage area. You might have acquired the right to park there by something called "adverse possession", but I'd need to know more about the history.

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Answered on 5/27/03, 9:28 am


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