My grandmother owned multi acres of land in Casco Maine and gave each of her 4 children 4.5 Acres of land each 20 years ago. A right of way was put in so they could access this land down in the woods. My grandmother died two years ago and left the rest of her land to her 4 children. The land was surveyed and seperated into the size lots that the will stated to my Uncles Aunt and my mother. My mother then deeded her 4.5 Acre lot over to me which is at the end of the right of way (approx. 1700 feet) and deeded a 2.5 Acre lot over to my sister. The survey map and the deed state that there is a 50' right of way. The old right of way was moved on the map when it was resurveyed. When the land was surveyed and separated the entrance to the right of way was moved on the map because my Aunt doesn't want everyone driving across her land. The new right of way is supposed to be moved on the corner of her land instead of the middle. The existing (old) right of way goes approx. 680' across my sisters land. She and her husband want the new right of way put in at least 25' wide (12.5' on either side of the middle of the road). The old right of way is just wide enough to get a car down now. They bought a 35' trailer and want to put it on their land next Spring. They want to have some of the trees cleared on their lot this winter so it will be ready for the trailer. They have to bring in heavy equipment to do the clearing and the trailer won't fit down the right of way as it is now. It's only about 8-10' wide. My Aunt told us that she does not want any trees taken down on her land. She will take us to court if we do. We have offered to pay and do the work to move the right of way entrance but she is fighting us now. She doesn't like my brother-in-law and is giving them trouble. Does he need permission from my Aunt to put in the new right of way entrance? or can he put it in because it's stated in the deed and on the surveyor's map? She and her children (our cousins) ride their ATV's down the right of way and dig it up with holes and rutts. If we can put the right of way in do we have to allow them on the right of way with the ATV's? She does have land on the bottom side of my sister and the upper part of the road from me. We have had a two year family battle with my Aunt since my grandmother died. She has even tried stopping us from using the right of way because it starts on her land and ends on mine. What can we do legally? I also want to put in a septic system at my place at the end of this right of way but a large truck will never fit down the road. If I ever have a fire a rescue truck would never get to me. This right of way is also a fire lane. Thank you for any help you can give us. Jeanne

It may be wise to have your specific factual situation analyzed by an attorney in your jurisdiction. And you should have this done IMMEDIATELY so that you don't lose important rights. Many lawyers offer a free or low-cost initial consultation just for the purpose of determining whether they can help you. Don't be afraid to contact them. Our Lead Counsel Panels at http://www.lawinfo.com/law/ are a great way to find a lawyer in your area on the internet. Best of luck!

Thank you for the information. I will contact an attorney because this is becoming a mess. Thanks for the help. Jeanne