How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TJ, Esq. Your Own Question

TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9734
Experience:  Licensed to Practice Law
9373668
Type Your Legal Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

I own a small farm in Rhode Island. My deed grants a private

Resolved Question:

I own a small farm in Rhode Island. My deed grants a private right of way directly across the middle of the property between my horse paddocks. The deed reads "the right to pass and re-pass across said lot where a path now is to me my heirs and assigns forever" This easement was granted in 1855. There is no further deffinition as to the dimensions of the path, maintanance of the ROW, etc. At present the ROW is a single lane dirt road. My issues are with livestock safety, people safety and excessive dust when the road is dry.

Neighbors seem to think that I have no right to the property which I am required to pay tax on. Some who have no deeded right to the property insist that they have the same rights as I and one of those widened the road by about eight feet a few weekends ago.

As the property owner, may I control the speed at which people travel on the ROW? Who is responsible for maintaince of the ROW? Can the properties accessed by the ROW widen the ROW? Can I bill those who use the ROW for maintanance in proportion to their impact and use of the ROW? If I am responsible for maintainance, is it reasonable to maintain the road to a condition consistent with the 10 mph speed limit that we request on the road?
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

Q: As the property owner, may I control the speed at which people travel on the ROW?
A: No, not really. First, you can't do anything that limits the purpose of the easement. If it is reasonable to drive faster, then you cannot interfere with that. Second, I don't know how you would enforce a speed limit (it's not as though you could hand out speeding tickets). However, if people drive recklessly, then you likely could sue for an injunction. But I'd consider that an extreme response.

Q: Who is responsible for maintaince of the ROW?
A: The people who have the right to use the easement must maintain it.

Q: Can the properties accessed by the ROW widen the ROW?
A: They can only do so if widening it would does not expand the purpose of the easement.

Q: Can I bill those who use the ROW for maintanance in proportion to their impact and use of the ROW?
A: No. You do not have to maintain it, but you cannot bill others for maintaining it. It is up to them to maintain or not maintain.

Q: f I am responsible for maintainance, is it reasonable to maintain the road to a condition consistent with the 10 mph speed limit that we request on the road
A: See above.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9734
Experience: Licensed to Practice Law
TJ, Esq. and 6 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.