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We own property that runs alongside front neighbors house. He has a right of engress and egress. There was NOT an opening for him to drive onto our driveway. Since he has made one. Is this legal?

Submitted: 530 days and 6 hours ago.

Category: Legal

Value: $15

Status: CLOSED

Optional Information:
Colchester, Vermont

Already Tried:
put a fence up to protect our driveway/property while we were going to be out of town. He distroyed it; and said we cannot prevent him onto the driveway; due to ingress and egress. But the dictionary said that if there is an existing path/way they could....BUT he damaged our property and made a clearance for himself.

Posted by PaulMJD 530 days and 6 hours ago.

Answer

If it is the only way onto and off of his property, then he may have a "way of necessity," under common law, which would grant him rights to access his property, but he cannot physically damage your property to accomplish this. You can file suit for his physical damage to your fence.

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529 days and 7 hours ago.

Reply

Reply to PaulMJD's Post: He has a double wide driveway for his use to his house. I would like to put up a 6' fence running along our driveway, with a gate to open, for a person to enter or exit NOT a vehicle as he has made the opening for his egress and ingress.
We feel he will tear it down, but it is on our
property.
Thank you for your assistance.
Wendy

Accepted Answer

You have a property line dispute and you will need to bring the matter to court to seek to either terminate his right away or restrict it and get a restraining order from you destroying your property. You can also sue him for disturbing your quiet enjoyment of your property by misusing the right away. You need to also send him a letter to put him on notice that the right away is for foot traffic only. If you put up another fence, as is your right as long as you leave room for the foot traffic right away, and he damages it then you will end up in court again. You need to get a court order before you do any more.

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Accepts:
Expert:	PaulMJD
Pos. Feedback:	99.5 %
Answered:	6/11/2008

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We own property that runs alongside front neighbors house. He has a right of engress and egress. There was NOT an opening for him to drive onto our driveway. Since he has made one. Is this legal?

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