Legal Question in Real Estate Law in New Jersey
Land Right A Ways
Neighbor has home on 1 acre and is landlocked, however, there IS a right a way shown on the South End of my property deed. However, neighbor refuses to use the deeded right a way and continues to use my personal, private driveway to access the connecting point of his property.
Question? - do I have the right to block off my driveway so that the neighbor does not drive thru my land that is NOT deeded to him? I have given the neighbor over 11 months to properly open up his wooded,deeded right a way. We purchased our home/property 11 months ago and have tryed to work with the neighbor, however, can not communicate to well. Neighbor told me that I can not keep him from having access to his property, because they have used our driveway for the past several years.
The neighbor can not come up with anything (Records) in his deed stating that he has the use of my private driveway.
Question?- How can I force him to use the deeded right a way at the south end of my land?
Thank You In Advance For Your Advice.
2 Answers from Attorneys
Re: Land Right A Ways
The key is in your deed and survey. If the right of way is recorded there, neighbor has little to say and you have an action for trespass. Try to get this resolved on the local level. File a complaint for trespass with your town by calling the mayor. Bring your deed and survey and ask for an injuction against neighbor for using your driveway. Good luck.
Re: Land Right A Ways
I would first check with your surveyor to ensure that he/she didn't miss anything in searching the records of easements, etc. Then, if sure the survey was correct and did not show any easement, I would notify the neighbor that in x days the driveway would be blocked. Either he would back down or file a suit in Superior Court to enforce what he believes to be his rights. Now he may have rights by virtue of having used the driveway for a certain number of years under certain conditions, but likely does not. If you erect a fence/gate and he breaks it, then I would file trespass charges in Municipal Court by either calling the police or going to the Court (not the Mayor) and filling out the complaint. If you have any questions, feel free to call.
Drew M. Hurley, Esq.
(908) 429-1118
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