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Our neighbor put a trailer on the right of way for her mom. We need to go thru ROW to go to our back property, it's the only way to access the property. The other day some friends, my hubby and I went to take the ATV's to back property and the mother stopped us. My husband went back to talk to our neighbor, he told her we had the ROW and she said that her mom is old and she is afraid that she will have a heart attack if we come thru that way. Since that time they have put a chain across the ROW.
My husband doesn't want to rock the boat b/c he is afraid to cause problems with the neighbor and the 16 year old son has been in our home and has seen a lot of the stuff we have and he is afraid the kid will cause problems for us. I am not as nice as Craig is and I say if they want to create problems they will lose since they are definitely in the wrong and would have to move the trailer.
I hate conflict but I also will stand up for myself. I can't understand why our neighbor thinks she can keep us from the ROW. We don't need to go that way that often, not even once a month.
What do you think we should do? If they leave the trailer there will we lose the ROW? The person who owns the other piece of property that we are trying to buy is dead and we are trying to locate the daughter who lives in another county.
 

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Well, if I'm understanding your drawing correctly, it looks to me like you have access to your back property through your own property if you make a road. Is the right of way a legal right of way, or it is access granted through another owner, or simply word of mouth permission by a person no longer on the scene? If it is a legal right of way, then you have every right to force the issue, but be aware there could be repercussions and they could get ugly. Personally, given your description of the situation, I would be inclined to simply make another road to the back property off of my own property. Unhappy neighbors are not good neighbors and I'm well past the age of wanting to engage in fights with my neighbors(or anyone else, for that matter) unless it is necessary.
 

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msscamp- the ROW is a legal ROW, hard to put in a road since the left side of the triangle ( property) is a ridge and lots of rock, not feasible and even it could be done it would be cost prohibitive.
We bought property 2 years ago and the whole area was surveyed, the boundaries and the ROW are very clearly marked. The neighbor doesn't even own the property, it is her ex husbands property, he is VERY bad news. The trailer is literally on top of the ROW(road).
 

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msscamp- the ROW is a legal ROW, hard to put in a road since the left side of the triangle ( property) is a ridge and lots of rock, not feasible and even it could be done it would be cost prohibitive.
We bought property 2 years ago and the whole area was surveyed, the boundaries and the ROW are very clearly marked. The neighbor doesn't even own the property, it is her ex husbands property, he is VERY bad news. The trailer is literally on top of the ROW(road).
Move em :thumb:
 

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I'd be as diplomatic as possible, but if they get ugly then so be it. I'm all for maintaing a good neighbor relationship if possible, but not at the expense of my property, money, health, or comfort just because they'll get nasty otherwise. But that's just me, lol. I'm the nicest person you'd ever want to meet as long as you treat me fairly, but try to pull one over on me and I can dig my heels in for however long it takes. :D

If you don't do something now you could lose it permanently through adverse possession or whatever it's called. They know they're wrong, they're just laying a guilt trip on you hoping you'll just back off and give them what they want.

I'd tell them in person AND send them a registered letter. If that didn't work, then I'd speak to an attorney and find out exactly what your rights are and how to proceed from there. Good luck!
 

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msscamp- the ROW is a legal ROW, hard to put in a road since the left side of the triangle ( property) is a ridge and lots of rock, not feasible and even it could be done it would be cost prohibitive.
We bought property 2 years ago and the whole area was surveyed, the boundaries and the ROW are very clearly marked. The neighbor doesn't even own the property, it is her ex husbands property, he is VERY bad news. The trailer is literally on top of the ROW(road).
The $64 question... Did you buy title insurance? If you were smart and did so, lay it on the lap of the insurance company.
 

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A right of way is a form of easement. You should have the ability to put your hands on the paperwork that spells out exactly what your rights are to use this right of way and also spells out the other sides rights to terminate or limit access. Get the paperwork, read and understand it. Consult a lawyer if you have to to know exactly what your, and the other side's, rights are before taking action. I'd always suggest having a sit down with all the parties involved, including the occupant of the trailer, to try to work out a resolution that works for all sides. But to do this you need to know exactly what your and their rights really are.
 

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if this is a legal, deeded easement (Right of Way) it should be shown on county maps. Get one, show it to your neighbor. Let them know it is illegal to block the easement (ROW).

If this is a ROW from adverse possession, you'll have to get proof that you or someone has been using that access for 10 + years.

If you end up hiring an atty, you might as well get the map anyway & save yourself money 'cause that's what he'll have to do.

If you call the sheriff to have the trailer moved, have a copy of the map to back up your claim.

And yes, you can sue the title company if they did not pick up the easement when you bought the property. We recently had that situation here & the neighbor sued the title company and the realtor.
 

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You could lose your right of way if you don't deal with this. I would talk to her one more time, letting her know your concerns and that you will have to consult an attorney if she does not move that trailer immediately.

If she doesn't move it within 3 days, contact either the sheriff to have it towed or an attorney. The longer you wait, the stronger her claim.
 

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msscamp- the ROW is a legal ROW, hard to put in a road since the left side of the triangle ( property) is a ridge and lots of rock, not feasible and even it could be done it would be cost prohibitive.
We bought property 2 years ago and the whole area was surveyed, the boundaries and the ROW are very clearly marked. The neighbor doesn't even own the property, it is her ex husbands property, he is VERY bad news. The trailer is literally on top of the ROW(road).
Just having it marked on the survey doesn't define the terms. Easements can have many restrictions. They can have a time factor and expire. They can include some periodical financial consideration. They can be limited to when they can be used and for what purposes. You need to know more than the fact that it's marked on the survey. You need to know the exact terms and conditions before you start to make threats or try to take legal action. Doing anything without knowing both side's legal standing could lead to more issues down the road, not fewer.
 

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A right of way is a form of easement. You should have the ability to put your hands on the paperwork that spells out exactly what your rights are to use this right of way and also spells out the other sides rights to terminate or limit access. Get the paperwork, read and understand it. Consult a lawyer if you have to to know exactly what your, and the other side's, rights are before taking action. I'd always suggest having a sit down with all the parties involved, including the occupant of the trailer, to try to work out a resolution that works for all sides. But to do this you need to know exactly what your and their rights really are.
^^^^This is your answer. If the "right of way" is recorded in the deed, there isn't much your neighbor can do but move the trailer but you will probably have to file suit. Here in Texas, "right of way" is typically owned by someone other than the fee owner (neighbor). You may have an access or ingress and egress easement. If it is recorded, you are in luck. That usually means that at some point, the previous owners worked out a legal arrangement and have conveyed the rights to use this land for access. If not, then you might have to go to court to uphold a prescriptive easement by adverse possession (sometimes tough to do). Bottom line - talk to your neighbors first, then to a good real estate lawyer if necessary.
 

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The neighbor doesn't even own the property, it is her ex husbands property, he is VERY bad news.
That is unusual. Did she get right of occupation but not possession in the divorce? If she doesn't have legal claim to the land, can you talk to the ex husband? She might like to hear from him even less than hearing from the police.

If this old lady is so frail that driving by her trailer could kill her, she shouldn't be living on her own in a trailer.
 

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^^^^This is your answer. If the "right of way" is recorded in the deed, there isn't much your neighbor can do but move the trailer but you will probably have to file suit.
That's the long and the short of it. If you have right-of-way, they have to move.

But you didn't say how right-of-way was obtained. There's a difference between easement and right-of-way. Easement is property right that was made available for use by deed, usually given out of free will. Right-of-way is a property right obtained through statute, such as along section lines or for necessary utility or roadway access. While the end result is the same, the process is very different.

Can you elaborate more on how the right-of-way was created?
 

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I didnt look to see where you live. Where I live you have to get a permit to move it plus a perk test and have a water supply ???
 

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I didnt look to see where you live. Where I live you have to get a permit to move it plus a perk test and have a water supply ???
It's my guess that this "right-of-way" was never committed to deed, or a building permit would not have been issued. We really need to learn more about how this right-of-way was created.

Looking at the diagram, I notice that the right of way is oddly shaped. I'm wondering what the exact dimensions of the right-of-way are, or whether it's just an understanding of usage with no dimensions in particular. I also wonder why access to the property can't be gained through the large triangular parcel that they live on.
 

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It's my guess that this "right-of-way" was never committed to deed,
or a building permit would not have been issued. We really need to
learn more about how this right-of-way was created.

Looking at the diagram, I notice that the right of way is oddly shaped.
I'm wondering what the exact dimensions of the right-of-way are, or
whether it's just an understanding of usage with no dimensions in particular.
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While I'm of the opinion that they just placed the trailer there on the R.O.W.
because their lot is so small and to let the O.P. know that they had the
means to do so......for whatever their reason might be.

It will be up to the O.P. to fill in these blanks if they choose to do so as well.
 

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While I'm of the opinion that they just placed the trailer there on the R.O.W.
because their lot is so small and to let the O.P. know that they had the
means to do so......for whatever their reason might be.
I'm wondering if the usage is through an understanding between landowners. If that's the case then it isn't a right-of-way or an easement, it's a license. But a key ingredient of license is that it's revocable. Another thing about license is that you can't claim adverse possession because you're using the land with permission.

It's just impossible to know what rights the OP has without knowing these details.
 
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