Legal Question in Real Estate Law in New Jersey

Misuse of Right of Way

We live on a 16 acre property which in our deed, states that we have given a 50 foot right of way to the neighbor so they can access their house - the right of way is wider than the ''driveway'', some land in our woods and some land that the neighbors have appropriated and planted on.

Our main problem is that the neighbors have parked a non running vehicle with no plates, as well as their trash cans, a boat and trailer on the right of way (at the end by their house). Their contention is that as long as it has wheels, it can be moved. Their next contention, is that the right of way can be used by them, any way that they wish to.

We are unable to access the lower area of our property, due to the boat and car that are on the right of way.

This problem of them parking and building things on the property has predated our owning the house, in fact the closing took 3 months longer till they moved their shed, boats, cars, trucks, trash, etc.

Talking to them accomplishes nothing. What should our next step be?

Thank you so much for your attention. Sue


Asked on 10/19/02, 4:43 pm

1 Answer from Attorneys
Bernard J. Berkowitz Berkowitz & Raiken

Re: Misuse of Right of Way

You need to see a lawyer with a copy of the right of way document. The lawyer who did your closing should be able to help you. If not, please contact me. Good luck.

Bernie Berkwowitz

973-808-2003

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Answered on 10/19/02, 6:39 pm


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