Legal Question in Real Estate Law in Maine
Define ''Right of Way'' on Property Deeds
My situation is I purchased 2 acres of land, giving the previous owner a legal right of way through it to be able to get to the land behind my home. My question is: How does one determine where the right of way starts, what are the rights of the homeowner and the rights of the people who have the legal right of way? Does legal right of way mean that they can enter my driveway anytime they wish and does it give the neighborhood kids that have her permission to go on her ''Posted'' land to come into my driveway to get to her right of way, even though this is not their only means to get on their land? I am concerned that if these kids, or anyone for that matter, get hit by a visiting vehicle or my vehicle coming up my driveway who is legally responsible for this? I guess I just want to know all my rights as a landowner that has given the former owners legal right of way to reach their land.
Thank you for your time and consideration in this matter
Laura
1 Answer from Attorneys
Re: Define ''Right of Way'' on Property Deeds
The right of way must be analyized by careful attention to the language in the deed itself as to its location and scope of use. It sounds like in your case the location is vague or refers to a currently used lane of travel, so if that is your driveway then you may be stuck with sharing your driveway. The scope, if otherwise undefined, will include reasonable use to access the property, including that of guests and those given permission to use the right of way reasonably to access the property. The key is reasonable. If the neighborhood children are just playing on the right of way but not actually using it to go back and forth to the land, then you possibly could block its use as a playground. As to liability, the usual negligence rules apply as to every parties conduct in the right of way.
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