Private Drive Deeded Right of Way

[aimlake]

We purchased our land in 2004 in NC and there was a 50' deeded right of way to the 60 acre tract behind us (land locked otherwise). Our land is a farm and the land which runs parrell to the access road is where our cows reside. This family put their gate to their land on our property which we did not complain about, but they are complaining because when we take our tractor down the access road to put in a round bale to the cows sometimes is marks the gravel on our side of the access road. He did put this gravel down on the road (our side) so doesn't want us using it now. We never cross onto their land we are always using the access road and on our property. I thought the only thing I had to give them was clear access to their land. Since this is technically my road I have just given them the right to use it and anyone who purchases the land after them I can also use it for what I need to access my own land???? In addition their gate is on my land which blocks access to a back 8.9 acre parcel of land which I also own can I not ask for them to move their gate??? I really don't want to do this but I want to know my rights.

[hjinc]

I'll just quote what I said in another post because someone else had a very similar issue.

"Well unless the easement states otherwise, building, planting, or otherwise encumbering the easement with a fence, gate, landscaping, etc is an encroachment upon your property. More than likely, the easement only grants your neighbor access to your property to ingress and egress and to run utilities, but nothing else would be allowed."

[LandSurveyor]

Unless the words "exclusive easement" or something similar are in the neighbor's grant of easement over your property, you have every right to use it for any of your own purposes which do not interfere with the easement owner's dominant right.

So it comes down to the "marks" on the gravel. Not having the easement in front of me, and not being able to see the "marks", I have no idea of their significance in this situation; whether they are mainly a cosmetic issue, or whether they interfere with the easement owner's rights.

Since this is technically my road I have just given them the right to use it

This is one of the main misconceptions about easements.

Technically, legally, it is their road, and in the easement area, they are the dominant tenement and you are the servient tenement. You can google those terms for a better explanation.