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I have land that allows the property behind us the right of…

Customer Question
I have land that...

I have land that allows the property behind us the right of way to get to their land. They have had trucks of gravel, lumber and large log trucks going up and down the right of way they are making a mess of that right of way. Can I do anything!!!

Lawyer's Assistant: What state is this in? And how old is the truck?

Maine

Lawyer's Assistant: Has any paperwork been filed?

When we bought the land the camp and 100 acres behind our land had the right of way

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The right of way is our driveway, when we bought our land 67 acres and built our house they may have used that right of way 2 to 3 times a year and sometimes not at all for a few years. Now they are turning the camp into a house to live in full time the traffic is terrible

Submitted: 10 months ago.Category: Legal
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Answered in 1 minute by:
9/25/2017
Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Lawyer: Legal Eagle, Lawyer replied 10 months ago

Ok, thank you very much for your patience. A party is allowed to use the easement, but they are not allowed to abuse the scope of the easement. If the easement is for them to get to their land and they are having large lumber and log trucks go through the easement and are making a mess of it, they are engaging in a breach of contract by overuse of the easement. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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