Legal Question in Real Estate Law in Maryland
Right-of-Way
There is a 40 foot wide right-of-way that begins at my property line and extends 40 feet into my neighbor's property. Therefore, the ROW is entirely on my neighbor's property. We both use the ROW to get to and from our respective properties.
Only a 10-12 foot wide roadway is paved on the ROW for vehicle traffic.
The neighbor has parked an old pick-up truck with current license plates off the paved area, but in the ROW directly in front of my house (100 yards from his house) but still on his property. It's an eyesore with uncut grass under and around the truck.
Do I have the right to demand he move the truck out of the ROW? He has parked the truck, such that there is barely enough room to get past it. I fear a large delivery truck or something might hit his truck. Do I have any other rights if I can't make him move the truck?
1 Answer from Attorneys
Re: Right-of-Way
If the right of way is a written, recorded document, you should review it to see what uses can be made of it. It appears from your scenario that he is impeding or at least partially impeding your use of it for ingress and egress. If he is violating the terms of the right of way, you could take legal action.
However, before doing that, I suggest you try to have a non-confrontational conversation with your neighbor, pointing out that the place he's leaving his truck makes it difficult you to get vehicles by it and poses a danger. Perhaps you can persuade him to park it on the opposite side of the ROW, since there appears to be ample room to do so, even within the 40' strip.
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