How Can I Terminate an Easement

[Larry B]

My question involves an easement in the state of:Mississippi
I have a piece of property that is landlocked and I own the easment to the property. My neighbor owns property that joins up to the public road and for some reason his deed also gives him an easment using my driveway even though he does not need the right of way. He lets his kids ride BIG fourwheelers up and down the driveway keeping it in dis-repair.I have owned my property for twentyfive years and am the only one who has ever put money into this driveway.
My question is,can I make him put in his own driveway being he owns over 150' of frontage on the main road and that way I have mine and he has his?

[jk]

generally, no, you cannot unilaterally terminate the easement, at least without cause. Before attempting to vacate the easement, you would have to attempt to enforce your rights concerning the easement.

Let's start with what the granting document describes as use of the easement. If it is merely egress and ingress or some such similar use, then playing on the easement is not an allowed use. As such, you could demand the use cease and if it doesn't, seek a courts injunction demanding the abuse stop.

Then, is there any statement to maintenance or repair of the easement? Without researching specific laws for Mississippi, I will say that most states, barring some controlling language in the creating documents, require the maintenance to be shared between the users of the easement. As such, you would likely have a valid claim for a share of the repair costs from the dominant tenant.

If he continues to abuse the easement, then you would have a reasonable argument, considering he does have other access to a public ROW, to seek to have the easement extinguished. It could require some payment on your part since it does alter the value of his property (and it should increase the value of yours in a similar fashion).