They say that “good fences make good neighbors.” In a case recently heard by the Rhode Island Superior Court, the fence was part of the problem. This case illustrates many of the concepts of real estate law, although of course only your experienced Rhode Island real estate attorney can tell you how the law will apply in your specific circumstances.
The Facts of the Case
The parties are feuding over the use of an 18 foot right of way easement. An easement is the legal entitlement of one party to access the property of another. Generally, an easement is granted when it is impossible for a party to get to a road without traveling on the property of another.
Here, the plaintiff and the defendant both live in the same subdivision that was originally owned by a couple and then sold to a developer. All of the lots abut the road, but due to the conditions of the land, some of the residents had to access a road via an easement. This includes the “Lot 3” residents. They have a half circle driveway that connected to the disputed property. After the Lot 3 residents had lived there for about a year and a half, the “Lot 4” residents put up a fence and other barriers that blocked off access to the disputed area. This required people using Lot 3’s driveway to only have one way in and out and now busses, including the bus that picked up the resident’s disabled child, to turn around on a steep hill.