Respecting the right of way

Hi Mary;

If your neighbour is subject to this easement then he/she must keep it clear at all times so you can access the back of the property. If you are subject to it as well then you have that same obligation. A mutual driveway governed by a right-of-way basically says that the boundary lies between our two properties and each of us owns up to the boundary. However, the right-of-way obliges me to keep x feet clear on my side at all times for your clear passage, and obliges you to keep y feet clear on your side for my clear passage.

This includes garbage cans, lawn mowers, sheds, storage boxes, cars, bikes and anything else, permanent or temporary, that may obstruct that clear access.

The Protect Your Boundaries Team