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The deed may state the conditions upon which the easement can be used or improved, or you may have local statutes or case laws that will give a specific answer. Otherwise, you may need to simply have an agreement with the owner of the easement.

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Q: You have an ingressegress easement on your property providing access to the property being built in the rear What are your rights Can they make any improvements on the easement such as driveway?
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What happens when you gave an easement to your neighbors whose driveway was on your land and they built another driveway and have been abusive obtrusive and threatening and now you NEED to revoke it?

You cannot revoke the easement on your own. If they have violated the terms of the easement then you could bring an action in court to have the easement extinguished. You need to consult with an attorney.


Do you have to record Driveway easement that is being used on another's property?

Yes. You should record it before the document is lost and with it your easement rights.


What is a nonexclusive easement.?

If you have a non-exclusive easement appurtenant to your property it means that you can't stop others from using it. If you're considering the purchase of property with a non-exclusive driveway easement you should determine who is responsible for repairs, upkeep and maintenance costs, and who else has the right to use it.


Purchased land with driveway installed by original owner and the entrance is on his land. he installed driveway 30 years ago. do we have any legal right to land?

There may be "right of way" issues that need to be addressed. If the right of way has been maintained for a specific amount of time (determined by state law in YOUR state), you can demand that the right of way be continued. If there is no specific or other right of way and no access to the land, you might want to consider a lawsuit against the person who sold the land.What you have is perhaps an "easement" question. Even if the deed does not say you have a right to pass and repass upon his portion of the driveway, you have an "easement implied in law." In other words, the owner knew about the driveway across his land, sold you the land with the driveway, and thus burdened his own land by giving you a perpetual right to use the driveway across his land. For future reference, you should amend the deed to include the easement, or obtain another signed document that describes the easement and have it recorded in the registry. This will help prevent any future owner from attempting to deny you the use of the driveway and the easement upon the driveway.


Your neighbor has begun to let the public have acces to a private gated parking area on her side of a shared driveway can she do this?

The answer all depends on the language used when the shared driveway was created and state laws. It also depends on where exactly she is providing access, over the driveway easement or on her own land. If the land involved was specifically dedicated to a "shared driveway" to be shared by the owners of the abutting properties then she has no right to put the land to another use. You should consult with the attorney who represented you when you purchased the property. Shared driveway easements are an unending source of trouble when one or both owners overstep their rights. You need to check the language in the deeds and determine what state laws govern the easement. For that you need expert legal advice. You should act ASAP.


You gave your son a driveway right away to your property does that cause there to be a lien on your property?

It should not if it is properly recorded as a property easement.


Our house was built 2.5 years ago and our neighbor's house was done 2 years ago About 1 year ago our neighbors had a survey done and found out their driveway goes through our property What do we do?

There is a range of possibilities, depending on how long you plan to stay and whether or not you want to be friendly with your neighbors: * You can sell them the land under the driveway, which could also allow them to tear out the driveway and put in something worse, * sell them an easement to use that part of your property to cross your land, which also means it can be used as a driveway forever, * license this particular owner to use the driveway (or the driveway easement) either annually, or until they sell the house or remove the driveway, * ask them to move their driveway, or * sue them for trespass and force them to move the driveway. Whatever you do, put it into writing and have a local real estate attorney review it for you. If you completely ignore the problem, it will not go away, and the longer you wait, the more rights the neighbors may have (laches, estoppel, easement by prescription, adverse possession).


My neighbors driveway cuts through my land is this grandfathered land?

That is not considered grandfathered land. if his driveway cuts through your land and is is his only means of accessing public roads then that is called an Easement by Necessity


Can your neighbor who owns a 25 foot driveway easement move it over into your yard?

He cannot simply move his right of way over onto your property if the location that was used in the past is elsewhere. You should request that he prove his claim by providing you with a legal description of his easement. If he persists you may need to consult with an attorney who specializes in real estate law who can review the deeds to both properties and research the easement if necessary. You should bring a copy of both deeds and any recorded surveys.


Neighbor is putting up a chain link fence 2 foot over in your driveway Its his property line but hasn't maintained the driveway can he do that?

If its on his property line and there is no easement then the only thing you can do about it is flip him the bird when he drives by.


What are the responsibilities of the utility in an easement agreement?

A common feature is that the utility must restore the land to its original condition if it disturbs the area during any installations or improvements. For all the details you must review the easement agreement.


Can you prevent strangers from driving on your driveway?

Yes you can, just by parking your vehicle at the end of the driveway where the strangers are unable to pull their vehicle onto your driveway. Yes, if you build a gate on the inside of your property line and clear of the public property "easement". Of course, that answer is dependant on the local regulations.