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We have a lakefront lot is on a penisula in a zoned rural residential area. The roadway continues past our lot to the end where the peninsula ends there are 2 lots at the end. The local Traffic that comes by uses the end of the road way to safely turn around to head back to the highway it has been this way for many decades. We also utilize this part of the road way to safely back in trailers into our lot and to safely turn around when the snow levels pile too high. Recently the neighbor had his lot surveyed and declared the roadway as private and he suddenly has closed the use of it to turn around. Therefore creating a safety issue in vehicles having to turn around in a narrow roadway at the crest of a hill. And for us no longer being able to back a boat into our driveway as they have enforced this. The municipality has bylaws that state any roadway that municipal monies have been expended (which it has) but they are not enforcing Any thoughts or suggestions?
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We have a lakefront lot is on a penisula in a zoned rural residential area. The roadway continues past our lot to the end where the peninsula ends there are 2 lots at the end. The local Traffic that comes by uses the end of the road way to safely turn around to head back to the highway it has been this way for many decades. We also utilize this part of the road way to safely back in trailers into our lot and to safely turn around when the snow levels pile too high. Recently the neighbor had his lot surveyed and declared the roadway as private and he suddenly has closed the use of it to turn around. Therefore creating a safety issue in vehicles having to turn around in a narrow roadway at the crest of a hill. And for us no longer being able to back a boat into our driveway as they have enforced this. The municipality has bylaws that state any roadway that municipal monies have been expended (which it has) but they are not enforcing Any thoughts or suggestions?Tags: None -
Unfortunately this is a UK site so you probably will not get an answer. Sorry about that -
I would suggest you approach the municipality and ask it to enforce its bylaws.
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I did and they are stating that he/adjacent land owners property goes over the roadway therefore he gets to decide who/what can go to the end of roadway to turn around? But literally you cannot turn around to go the other way without going to the end of the road (its wider like a turn around lol) but the pain for us is it actually impedes us from ever backing a trailer or boat into our driveway without crossing the invisible forbidden li property line of the paved roadway. It really has to do with small town politics. I feel like they're taking advantage and I'm not sure how to make it right
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In the UK a right of way can be established by prescription i.e. use over a number of years.
I'm pretty sure a similar situation arises in the US.
Don't know which state you are in, but a brief internet search brought up this site which discusses the position in MAINE.Right-of-Way Easements in Maine — Teel Law Office, LLC ~ Portland, Maine
Must be similar in other states,,, see "Non express easements"Comment
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