My neighbor has a right of way across my property, however uses this right of way only as overflow parking, and never to access his property. In fact, even though I have numerous signs posted stating that no parking is allowed in the right of way, he continues to leave a junky vehicle parked (in my yard) so as to block access to the right of way. The neighbor has owned his home for many years before I bought mine, and believes that by virtue of 'time spent', he can do whatever he likes in the right of way.
I do have a series of date stamped pictures demonstrating that the right of way is consistently blocked by his vehicle, and am in the process of gathering video proving that he does not use the right of way to access anything.
What recourse do I have here? Is there any chance of having his right of way revoked?
1 Answer from Attorneys
It will be important to have the deed language granting the right of way to be reviewed. However, assuming it allows access but not use for parking as you state, collecting evidence is an excellent step. You will then need to present he evidence to the Court and request an injunction to prevent it from happening further. It is probably best to seek a lawyer to assist at that stage. My Firm can help, or assist you in obtaining one nearby. You will not likely be able to have the right to access revoked, only have the parking stopped.