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Right of way for a wagon road

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Old 01-28-2008, 01:40 PM     #1
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EEK! Right of way for a wagon road

I have a question about the use of a wagon road. In a deed dated a very long time ago, a right of way for a wagon road is listed to cross my land to get to an adjoining property behind it. It was my understanding from my grandfather that this was to be used as a way to transport tobacco. Now, someone has decided to pour gravel, without my permission, and move a single wide trailor on the lot behind me. Is this legal? Do I have a right to refuse water and electricity and concrete trucks from crossing my land and tearing up my fields. This is a cattle field, I have to look out for them. Please help.
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Old 01-29-2008, 07:00 PM     #2
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Default Re: Right of way for a wagon road

Have a lawyer check the terms closely but you likely can deny heavy equipment etc. based on the wording.

You may need a formal legal opinion if the deed is nor precise or subject to varying interpretations.
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Old 01-29-2008, 08:31 PM     #3
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Smile Re: Right of way for a wagon road

thank you for the response, the wording is very vague. It says passageway on one part and then on another part it says wagon road. We will be seeking legal advice soon, thanks again.
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Old 01-31-2008, 08:21 AM     #4
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Confused Re: Right of way for a wagon road

This is the actual wording of the deed:

Also a right of way for a wagon road, beginning at a stone and running a southorly course about 150 yards to the above described lands.
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Old 02-03-2008, 02:23 PM     #5
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Default Re: Right of way for a wagon road

A court may have to decide if wagon road now means heavy equipment too??
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