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  1. #1

    Default Driveway Easement

    I hope someone can help me out here. We have 2 really bad neighbors and one we share a driveway with we have 33ft and they have 33ft of the easement. They just had their land surveyed and where the easement ends and our property starts the driveway we both use is 98% on our property (not easement) my question is do they have a right to keep driving on our property? Or can we force them to put their own driveway in off the easement? We have lived there 8 years and them 7 years. I hope someone can help me out and thank you in advance.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Driveway Easement

    Q: They just had their land surveyed and where the easement ends and our property starts the driveway we both use is 98% on our property (not easement) my question is do they have a right to keep driving on our property?

    A: Yes. Reason: We have 2 really bad neighbors and one we share a driveway with we have 33ft and they have 33ft of the easement.

  3. #3

    Default Re: Driveway Easement

    So even though the driveway is on private property they have rights to it?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,636

    Default Re: Driveway Easement

    You stated that they have an easement which gives them the right to use the driveway.

  5. #5

    Default Re: Driveway Easement

    Yes we both have seperate easements on for the 33ft to the west and they have on for 33ft to East for the driveway but the easement stops and both property lines starts after the easement. When we moved in we put the driveway on our 33ft easement, when they built they but their driveway coming off our driveway which is on our property not the easement. It is a very long driveway and the easement stops where we are no longer landlocked, so when they built instead of putting their driveway off the easement they went all the way up to where ours turns into our house and went from there. It is a big Y and their actual drive that is on the property is really our property. I don't think I am explaining this right but according to the easements we have and the survey the easment ends and property begins after that and that is where the problem is not the long part of the drive just the enterances to the houses.

  6. #6

    Default Re: Driveway Easement

    Your reply only added to my confusion. Assuming that each easement is completely separate, they have no right to use your easement. However, it would take a court order since you do not actually own the property on which the easement is located. My advice would be to contact the property owner and get permission to install a fence down your easement or either purchase the property outright.

  7. #7
    Join Date
    Sep 2006
    Posts
    4

    Default Re: Driveway Easement

    An easement is applied for. Why did the nasty neighbour apply to cross your property. Does your neighbour have other access to a public street if they didn't build a driveway on your property? Usually, an easment is because they have no other way to access their property.

  8. #8

    Default Re: Driveway Easement

    This has been hard to explain, but I will try again. We both have seperate easements that run side by side we have 33ft on the west and they have 33ft on east side. Well when we built our house we put in the driveway. They built a year later and they ran their driveway off our driveway. This is where it gets confusing the easement ends at the beginning of the property line but our driveway keeps going on our property not easement and they added their driveway entery on our property. Everyone is on 5 acres and the easement is on the 2 front 5 acres so we have a very long driveway and then the driveways split that leads into our house and the neighbors driveway. Their split into their house is on our property no where near the easement.
    We have a attorney and they have no right to be useing our property and when they built their house they should have put their driveway coming off their 33ft easement instead they used the part of our driveway that is not an easement to make their driveway. Now we need to figure out what to do we posted a sign not to use driveway which they are still doing and refusing to stop. Next we need to prove they are useing the driveway so we need pictures and off to court we to get a order for them to stop. Attorney said we could get them for trespassing and call the police but I really don't want that. Put if we don't come to an agreement in another 7 years they could claim adverse possession and we don't want that.

  9. #9

    Default Re: Driveway Easement

    I think I have already answered your question. Put up a fence across their driveway that is on your property. If they tear it down, call the cops.

    we could get them for trespassing and call the police but I really don't want that.
    Then just continue to let them use your driveway.

  10. #10
    Join Date
    Jun 2007
    Posts
    2

    Default Re: Driveway Easement

    something fishy here the builders knew that the drive they connected to was yours so why did they?

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