Legal Question in Real Estate Law in Maryland

right of way

I lived in my home for 12 years. Last year the house behind me was sold. The new owner decided to use the 20' right of way, for ingress and egress, through my yard. He cut down one 25' White Pine and one 12' Cherry that were in the right of way. Then he put down crush and run and placed two large sheds at the back of his leased property. He has also had the county put in a water main. His property already has access to the main road (via his front yard). The right of way is listed in a total of 3 deeds (were all related). Is there any way to fight this?


Asked on 11/17/03, 3:16 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: right of way

It depends on the language of the right of way. If the trees were effectively blocking his use of it, it was probably reasonable to remove them. The right to put down the crush and run, if not specifically provided for in the right of way document, may depend on the quality of the surface that was there before--i.e., the necessity of the improvement. At this juncture, fighting it would depend upon your ability to show the unreasonableness of his actions and the negative impact on your property.

Read more
Answered on 11/17/03, 4:46 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland