Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I was wondering if our neighbors has the right to build a road on our property that allows them a utility/ access only? Thank you.
As a general rule, neighbors do not have the right to build anything on, or even be on, someone else’s property. However, there are many possible exceptions to that general rule, and if one of those exceptions applies to your situation, your neighbor may be permitted.
For example, your neighbor may have an easement over your property allowing a road for specific purposes. If that is the case, there should be a document showing the location and nature of the rights.
Since you are asking about utilities, there’s also a possibility that the utility company has rights over individual owners’ properties, and your neighbor is taking advantage of that. Again, if that’s the case, there should be documentation.
There may also be provisions in the local zoning or the subdivision of your land which provides for this kind of access.
Those are only some examples. Rather than trying to check everywhere, I would put the question to your neighbor why he or she thinks they have the right to do this.
