Legal Definitions - disturbance of ways

Disturbance of ways refers to any action or condition that unlawfully obstructs, impedes, or interferes with a person's legal right to pass over or access a specific path, road, or property. This legal right, often known as a "right-of-way" or "easement," ensures that individuals or entities can use designated routes without undue hindrance.

Here are some examples to illustrate this concept:

• Example 1: Blocking a Shared Driveway

  Imagine two neighboring properties, Property A and Property B, that share a long driveway. Property A has a legal easement recorded in the property deeds, granting its owner the right to use the portion of the driveway that lies on Property B's land to access their garage. One day, the owner of Property B decides to park their large recreational vehicle (RV) directly in the middle of the shared driveway, making it impossible for the owner of Property A to drive to their garage.

  This situation is a disturbance of ways because the RV creates an unlawful obstruction that interferes with Property A's legal right (the easement) to use the shared driveway for access to their garage.

• Example 2: Obstructing a Public Footpath

  A rural landowner owns a large plot of land through which a long-established public footpath runs. This footpath is legally recognized and used regularly by hikers and local residents. The landowner, frustrated by people crossing their property, decides to erect a tall, locked fence directly across the footpath, completely blocking passage.

  The locked fence constitutes a disturbance of ways because it is an impediment to the public's lawful right-of-way to use the established footpath.

• Example 3: Interfering with Utility Access

  A municipal water company has a recorded easement allowing its workers access to an underground water main that runs beneath a private commercial parking lot. This easement grants the company the right to enter the property to inspect and repair the main. The owner of the parking lot begins a construction project, placing a large, temporary building directly over the access point to the water main, making it impossible for the water company to reach it for scheduled maintenance.

  The temporary building creates an obstruction that interferes with the water company's legal right-of-way to access the water main for essential maintenance, thus qualifying as a disturbance of ways.