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Right of Way

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1 Right of Way on Sat Dec 05, 2015 1:42 am

Sky Gunzara


Arresto Menor
I would like to know if we are entitled to a Right of Way under the following scenarios:

1. Property is like a compound (land inherited and distributed to family members)
2. Our house is further from the National Road
3. Neighbor X's house is along the National Road
4. Neighbor X build a 4ft concrete gate and locks it as they please
5. We have to wait for them to open it but sometimes they leave it unlocked but only a person could pass through
6. We have a tricycle which wouldn't fit the opening that they leave on the gate
7. NEIGHBOR X is my grandmother's sister

I tried to draw it so I can share a better picture of our situation. I would like to know if we can pursue a case since they wouldn't talk to us and they built the gate without asking our opinion. We really felt that they built it on purpose so we will have a hard time beacuse before they built this gate, they would park all their vehicles in the middle of our pathway so our tricycle couldn't pass through. The gate is situated on their property and our house is just at the back of theirs.

Thank you so much.

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2 Re: Right of Way on Sat Dec 05, 2015 2:41 pm

betchay001


Prision Mayor
From the sound of it, you are entitled to a right of way. The right of way is not freely given, you have to pay for it and it will be according to its value.

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3 Re: Right of Way on Sat Dec 05, 2015 10:49 pm

Sky Gunzara


Arresto Menor
Thanks for the response.
If they refuse to sell us the Right, is it the end of it? Does it mean we can't do anything about it anymore?

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4 Re: Right of Way on Sun Dec 06, 2015 2:19 pm

betchay001


Prision Mayor
They cannot refuse especially if that is the nearest access to the road, though that process is long since it will go under court proceedings (you may sue for it). The court will appoint an appraiser to estimate the value and then you'll have to pay to be able to get to use it properly, legally and without anyone blocking your way.

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5 Re: Right of Way on Tue Dec 08, 2015 1:10 am

Sky Gunzara


Arresto Menor
thank you.

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6 Re: Right of Way Today at 2:12 am

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