[banddude]

My parents are elderly and live on a private lane. The way their deed reads is that there is a shared right of way 6 feet on either side of the property line. In addition to the right of way there is a reserve or easment of another 8 foot on my parents side. In the last two years the neighbor that shares the lane on the opposite side has allowed his pine trees to grow into the right of way. This has caused the neighbors who live further down the lane to drive onto the easement which is basically grass causing it erode vs. the gravel which is on the right of way. Now there is further motivation on the neighbors part both parties the opposite property and the adjacent property wants to widen their drive ways to allow multiple vehicles to park.

The question is what is the difference between a right of way and an easment?

Both neighbors say that there deeds that go back to 1933 say that there the right of way is 6 feet on the neighbors side and 14 feet on my parents side, my parents deed in 1956 ( and by the way are the only original residents) say that the right of way is 6 feet on both sides with the additional 8 feet being a reserve.

[tsila1777]

Best to ask a lawyer... but right of way and easement is basically the same thing. It is not legal to block a right of way or easement... the trees by law should be cut back to allow access to the easement. It is against the law to block an easement. That includes trees and brush.

Quote from a letter from my lawyer to my new neighbors who wanted to widen the easement: Georgia law provides that such a change which unreasonably increases the burden upon my client's property is not permitted.

Also: the person who grants an easement across his land retains to himself all possessory rights unabridged except to the extent requisite to the fair employment of the easement.. ingress and egress ONLY. They are not allowed to Improve the easement except those things which are reasonably necessary. They cannot widen the easement or even repair it... however if trees are making it impossible to pass, or causing harm to their cars they have a right to request those be cut back... or demand if as in our case the neighbors are, well, not friendly.

I hope this helps.

[ScottGem]

Ask to see a copy of their deeds. But it would be best to get a real estate lawyer to act as a mediator to resolve this dispute.