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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2746
Experience:  30 years of experience
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I haven't talked to you in a while ....hope you're

Customer Question

Hello........I haven't talked to you in a while ....hope you're doing well. I need some help concerning a right of way or easement on my property...specifically use of it or common law rights etc.
Submitted: 3 months ago.
Category: Legal
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What can I answer for you in regards ***** ***** easement/right of way?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 3 months ago.
I have a ten foot right of way along the back of my property that extends to the west behind all the houses on Robbins avenue to Theodore street..To the east , from the corner of my lot it extends down a paved drive to Broadview. This paved drive is parallel to my neighbors driveway but is not needed for access to any property except mine or those properties beyond mine to the west.. They have blocked access to this drive claiming it is theirs. I have been to the town hall and zoning and found that they DO NOT own this piece of land. Without doing a title search and/or seeking an easement from whoever does own this drive, I need to know if I have a right of passage over this drive to access my property ....mine being the only property that benefits from the use of this right of way. I don't need an answer right away.....enjoy your weekend ....when you get back I can email you a diagram of the lots as they are laid out that I got from zoning. thanks ...Scott
Expert:  Gerald, Esq replied 3 months ago.
Thank you for your patience and support.
Expert:  Ely replied 3 months ago.
Sorry, I did not realize that this was solely for Gerald. I am going to go ahead and opt out.
Expert:  Gerald, Esq replied 3 months ago.

Hello Scott:

Thank you for your patience.

It sounds like you have either an Easement by Prescription or and Easement by implication. (If this is the only access to your property you may also have an Easement by Necessity).

In any case you clearly have an easement to use this right of way. Further if the right of way is NOT on your neighbor's property they have no right to block your (or anyone's) use of it.

This link describes the different types of easements recognized in Connecticut:

The correct Court to obtain enforcement of the Easement is through the Superior Court.

Connecticut has a fairly good self help system and you may be able to pursue this on your own. See this link:

But you should at least consult local counsel to assess your case. A local attorney may be able to resolve this through a letter to the neighbor without the need to resort to litigation.

This link can assist you with finding local counsel:

Finally, you want to pursue this as soon as possible. The neighbor may be trying to claim ownership through adverse possession. If you delay in challenging his actions it may complicate the matter significantly.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,