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runkofam31 · Apr 13, 2012, 05:18 AM

Hi, can anyone give me any advice about using a right a way. I have property land in upstate New York and is within my neighbors borderline also. We both use this 50' foot wide right a way to get to our property. My question is can my neighbor stop anyone that I give permission to go to my property to do logging and use that right a way. Any help please. Thank you

AK lawyer · Apr 13, 2012, 05:34 AM

It's "right of way".

Depends on whether it's a private easement owned by both of you or a public, dedicated right of way.

If it's the former, no, you probably cannot give permission for someone else to use it.

If it's the latter, anyone may use it.

joypulv · Apr 13, 2012, 05:41 AM

In my state a right of way has to be a minimum of 25'. I'm wondering if perhaps you have two ROWs? If the neighbor says the trucks are chewing up his side or going over the edge even if you both share all 50', or parking trucks on the ROW, then he can sue you, but I don't see how he can stop access.

Fr_Chuck · Apr 13, 2012, 08:21 AM

The deeds should show what and where things are, if they are "partly" on his property, then they have to be "partly" on your property also.

Please tell us, if this is a public right of way or a private easement.

runkofam31 · Apr 13, 2012, 01:21 PM

What is the rule on using a right of way between two neighbors, we both have a common right of way to use to get to our property. Can the other person stop me from having a contractor go through the right of way to do work on my property even if I give this person my permission to do so? Please help if you know the answer. Thankx.

ScottGem · Apr 13, 2012, 03:49 PM

Originally Posted by runkofam31

what is the rule on using a right of way between two neighbors, we both have a common right of way to use to get to our property. Can the other person stop me from having a contractor go through the right of way to do work on my property even if i give this person my permission to do so? Please help if you know the answer. Thankx.

I think your previous answers were clear.

AK lawyer · Apr 13, 2012, 04:34 PM

Originally Posted by runkofam31

what is the rule on using a right of way between two neighbors, we both have a common right of way to use to get to our property. Can the other person stop me from having a contractor go through the right of way to do work on my property even if i give this person my permission to do so? Please help if you know the answer. Thankx.

Ok I may have given an incorrect answer this morning. Sorry, I was pressed for time. I failed to see that the contractor was doing work on your property.

Assuming you're talking about a private easement belonging to you and your neighbor, for access to your property, and depending on the exact wording of that easement, the contractor can use the easement if the contractor's purpose is to benefit your property served by the easement.

If the neighbor objects, he would have to prove that the contractor's use of the easement is over-using the easement (in excess of the use contemplated when the easement was created).