Legal Question in Real Estate Law in Connecticut
Property Right of Way
We have granted our neighbors a
right of way over our driveway to
access their house, which has no
legal access to the road. Certain
problems have arisen with regard to
their children's behavior while
playing on this ''shared'' driveway -
what rights do we have to protect
our own rights to enjoying and using
our property? Can we restrict their
use strictly to ingress and egress to
their house, in effect drawing a
property line across the parking
area? Our own children cannot use
our driveway area without being
taunted and harrassed, or the
neighbor kids insist on participating
in whatever game mine are playing.
They also use and abuse our sports
equipment, namely a basketball
backstop. They write sexual or
violent messages on our driveway
with chalk, which I am left to wash
off, so our property is being defaced,
however temporarily. What are my
rights? Can I rescind the right of
way? The wording on the warranty
deed states that it ''shall run with
the land of the grantee, its heirs,
executors and assigns.''
2 Answers from Attorneys
Re: Property Right of Way
I am sorry to hear about the problem. You can not likely rescind the right-of-way. As far as restricitng the use - that is also unlikely, although if the deed is limited to ingress and egress you might be able to enforce that by injunction. As to the other matters, you probably only have a cause of action if there is actual damage. I am sorry to hear about the problems.
Re: Property Right of Way
A right of way does not give your neighbors an unfettered pass to do whatever they want. The deed provides for access over your property. However, they cannot abuse this property interest to your detriment. I would need further information to be more specific. If you want, you can contact me at [email protected].
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