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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36970
Experience:  Texas Attorney for 30 years dealing in real estate
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We share a right of way with 11 people. The neighbor closest

Customer Question

We share a right of way with 11 people. The neighbor closest to the state maintain road states he could put speed bumps all the way up to his property line. But he thinks he can give grand kids permission to come pass his property line up our way and ride four wheelers. Question is does an easement way then need permission from each land owner if you go past your land?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today..A right of way is the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.Here the 11 individuals named in the right of way each have right of access across the others property.This does not give them the right to put in speed bumps, etc. or otherwise interfere with the right of way. The four wheelers are not allowed unless the right of way extends to other persons and the right of way states that.The named person or persons in the right of way do not need any permission just to make use of the right of way.Here you have to look ot the terms of the right of way in your deed to see who has right to make use of it. Generally the right of way means anyone named in the right of way has right to make use of the right of way without any additional permission, otherwise it isn't a right of way.But you need to look to the wording here to verify whether just the 11 have right of way or their guests, etc.The right of way should address this issue. I would disagree that the neighbor has right to put in speed bumps on the right of way unless the right of way gives him this power.And whether his grand kids have right of access depends on whether the terms of the right of way allows relatives or guests to make use of it.But here he seems to think he controls the right of way and is free to restrict it or let any stranger use it, that is not the case here. You have legal rights here yourself under the right of way document or language in your deed. I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
Thanks again if you can leave a positive rating it is always much appreciated.

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