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View Full Version : Deeded Right of Way Issue - NH


kylesnana
04-09-2006, 01:42 PM
We own a lakefront home at the end of a deeded right of way (50' roadway to three homes). Our home and the home to the right of us both are on the waterfront. The neighbor in the back of us has no waterfront but he has taken over the end of the right of way (waterfront) and has put up deteriorating docks, furniture, wooden hot tub, etc. We have spoken to him to no avail.

We have not been successful in our search to find the heirs of the original owners of the property. The transactions took place more than 50 years ago.
We would be willing to purchase the land but the town we live in has no tax or assessment records for this property.

Is this an illegal use of a right of way? What can we do to eliminate this eyesore?

HOTTUBBING
04-10-2006, 06:09 AM
Their are four people that have right away to water. Not three.Two back lots both have in thier deeds that they own a 1/2 undiveded interest in said road. Which runs all the way to water. The front lot's deed says right to pass over said road shared in common with others. Other front lot does not even mention road in deed. Back lot also has a deeded view, free from obstruction to said rightway that is in both deeds, front lot and rear lot.There are several of these right aways around lake , and they all have docks and access to water for back lots. Right away cannot be purchased from town. A few chairs on beach is not illegal or is hot tub on dock. Neither is a permentant stucture which is not allowed on said road. Nor is either obstructing the front lot from passing over said road to reach their lot. Both back lots have used beach since camps were built in the 1950's, and can prove continous use.

kylesnana
04-10-2006, 01:36 PM
It appears that the "problem neighbor" has responded to my request for help. This is a forum designed to solicit advise from knowledgeable individuals. If you want to debate this issue you should use the same method that we have, i.e. speak directly to individuals involved. On the lake in question, rights of way responsibilities include moving obstructions such as chairs, beach equipment etc after daily use. All individuals should be respectful of the other individuals who share the privilege of the right of way.

elklaw
04-10-2006, 09:23 PM
You should consult a local real estate attorney because this is a unique local situation and I suspect that the geography plays a big role in how the right of way is used by all those with a right to use it.

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