[WSBARP] Use of County Right of Way

[Roger Hawkes]

Good questions, Craig.

I think generally no one has the right to destroy another's property without permission; however, if the victim improved someone elses' (presumably the county's) property then the victim probably does not own those improvements any more.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley
Sent: Monday, April 17, 2023 2:11 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Use of County Right of Way

Listmates.  Today's question I don't have an answer for.  Client has a paved driveway that crosses unused County right of way to get to the paved road.  Neighbor claims he can use this right of way area to bring his heavy equipment onto his (neighbor's) property much to the detriment of client's asphalt.  I presume everyone has the right to use the right of way area as it is public property.  Please correct me if I am wrong.  The second question is, if I improve public property does the neighbor have the right to destroy it?   Thanks in advance for any thought on this matter.  Craig

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