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Is it right for business traffic to drive on the driveway easement to neighbor's home without my permission? |
my neighbor just started having his own mechanic/auto sales business on his property, but getting to his property requires driving on the private driveway which goes up to my house, and then on down to his house. the driveway easement is a right-of-way with the purpose of allowing the neighbors to get to their property, and i have never had a problem until now because now the traffic, going back and forth by my house, over my property, and off the drive and on my yard, just keeps getting more and more, in addition to people now stopping at my house often looking for my neighbor's place. i am going to address this more as i complete the research i'm doing on it, and i am looking for good sources of guidance on this specific problem, which is my neighbor wrongfully believing he can take advantage of the driveway easement for his profit, while the driveway is now a mess, with deep holes and lost gravel causing his increasing business traffic to drive around on the grass of my yard, etc. First, read the easement. Ask for money for your inconvenience & decide from there. An easement is usually granted to the original owner for a small fee. This is transfered to new owners. If you can check the wording of the original easement [in your deed or title] there may be a stipulation for a "residential" easement. check with the county court house,. but if this has been an easement for over twenty years ,then fraid knot The easement was most likely for residential use by the property owner, not commecial use. Look up the easement on your property description. I don't think you have a leg to stand on. An easement is just that, and its not your property... its an easement. If they are getting off into your yard, that is another issue. He can use the easement to access his property any how and any time he wants, so can utility trucks and whomever else needs to get back there. If you don't like it, sell and move. |
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