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Brandon M.
Brandon M., Counselor at Law
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Experience:  Attorney experienced in numerous areas of law.
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I share a right of way private road with 12 residents. One

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I share a right of way private road with 12 residents. One of the residents has told some friends that do not live on the road that they can use the road for walking exercise and taking a short-cut to a lake. Several of us do not like this since the road cuts between our house and our garage and it makes a problem with our dogs, etc. It is also a privacy issue. As I understand it, this is a common right for all of our residents to use the road strickly to pass to and from their residents or anyone that may be visiting them or have a delivery to make or other bussiness with the said resident. Again, as I understand it, a single resident cannot give permission for anyone else to use the common road except that section which passes thru their own property. Also, somwhat related, can one party living on the common right of way road use the road (other then what passes thru their property) for walking pets, etc. Thank-you, Bob Miller
Submitted: 4 years ago.
Category: Legal
Expert:  Brandon M. replied 4 years ago.
Hello there:

experience tells me that your interpretation of your rights is probably correct in this situation. In most of these situations, the parties involved have an "easement" over the road. And "easement" is a property right in real estate whereby parties have the right to use the real estate in a very specific way.in the case of a private road a typical easements gives the residents of that road the right to use the easements for their own reasonable access (including guest access). But the operative word here is "reasonable".giving a nonresidential party free reign over the easement would typically exceed the scope of the easement and would therefore exceed the scope of that party's property rights.

To answer this question conclusively, the landowner would need to examine their title as recorded with the county recorder's office. If you have kept a copy of your real estate title in your home, I would start by referencing that.

obviously, I cannot speak conclusively without examining the real estate title. It could be, for example, that the easement is extremely broad and extremely liberal such that any third party could have unlimited access to the road. But I doubt it.check the title, and then you'll have your answer. Assuming that it turns out that you are right, your neighbor has the right to stop volitionally or you can file an injunction to stop what technically amounts to trespass.
Customer: replied 4 years ago.
My second question was not addressed. I understand that they can use it (as you say) they own reasonable access. But I also asked if that gives them the right to walk their pets down the lane as it goes thru other residents property without permission from the owners for such use. I would think that if that is not covered in the deeds which only states that it is common right of way access road, that this would be trespassing and notice could be served as such. What is your opinion on this? Thanks.
Expert:  Brandon M. replied 4 years ago.
with a private road, if a party has an easement to one part, they typically have an easement to the entire part. So, under normal circumstances, a party who has an easement to the front of the road (for example) would generally have the right to reasonable use of the back of the road for purposes such as taking an evening stroll with the dogs. it depends very heavily on how the easement is recorded, but this is what I would typically expect.
Customer: replied 4 years ago.
I understand if they have (as an example) an easement to use the front of the road that this would give them an easement for the entire road. But isn't the point of the easement so they can use the entire road for get to and from they property rather than using it for, as an example, dog walking through someone else's property which is in a conflict with some other owner's dog (again as an example).
Expert:  Brandon M. replied 4 years ago.
Accessing one's home is obviously going to be the primary function of the easement; but most easements contemplate that the easements will be used for secondary purposes as well. I can't sugarcoat that. However, under no circumstance would be easements permits someone to engage in a course of conduct that serves no legitimate purpose other than to harass, annoy, intimidate, threaten, etc.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
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