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Can a neighbor use my property to set out and retrieve their garbage because it is more convenient than using their own?

Shelley, ID |

Along one edge of my property in ID is a documented right-of-way for neighbor 1. Neighbor 2 has property that parallels the right-of-way. The right-of-way was not being used at all until neighbor 1 built a bridge over a canal to use the right-of-way. Now neighbor 2 uses the right-of-way to set out and retrieve their garbage because (based on personal contact discussion) it is much more convenient than using their own property. Neighbor 2 would have to travel about 1/8 mile using their property vs. traveling about 150 ft. using the right-of-way. Neighbor 1 at times, helps neighbor 2 set out and retreive neighbor 2's garbage by using the right-of-way. Is neighbor 2 trespassing? Is neighbor 1 abusing the right-of-way?

Attorney Answers 1

  1. In order to adequately respond to this question, it is necessary to review the documents which granted the right-of-way to neighbor 1. If the language allows neighbor 1 broad use of the right-of-way, that neighbor may be able to allow neighbor 2's use of it.

    At the end of the day...what's the harm caused by neighbor 2's use of the right-of-way for this limited purpose. Even if it is a technical trespass, what are the damages attendant thereto?

    No attorney-client relationship is created by responding to any question on Avvo. Further, nothing contained in any response may be relied upon as legal advice.

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