Asked in Land Use & Zoning and Real Estate Law for Maine

Q: Can someone who does not have right of way force you to remove a gate on your driveway. Their land is on other side.

Hello. We have just installed a gate on the road leading to our home. We own the land. Neighbors must use a portion of our road to reach their driveway which we gave ample room for with the install. Their right of way ends at their driveway. They were told about our gate install. The location was marked .They waited 6 weeks after installation to demand we remove the post on their side. They said they may not have right of way but their land extends some 50 feet beyond the new gate on one side. Am I legally forced to remove the one post on their side of the road? Despite them having no access? The post is within 6 inches of the road edge.

1 Lawyer Answer
Fred Bopp III
Fred Bopp III
  • Real Estate Law Lawyer
  • Yarmouth, ME
  • Licensed in Maine

A: I am sorry, but I am having a hard time picturing where everything is located based on your description. Also, you say “[t]heir right of way ends at their driveway.” But you also say they are demanding you “remove the post on their side.” You also ask if you are “legally forced to remove the one post on their side of the road?” What do you mean by “on their side”?

In any event, to provide you with a complete answer, I would likely need to see copies of the deed to their property, the deed to your property, and the written grant/language of the right of way.

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