Driveway Easement With An Erosion Problem, In Tennessee

[mtbbetty]

I purchased a duplex in Oct 07 in Tennessee which included an easement in the deed for a gravel driveway. The easement is surveyed as 30' wide with 15' her side, 15' my side, but the 15' wide driveway sits squarely on her 15' easement not mine. The duplex sits halfway down a hillside and is accessed by the prescribed driveway which crosses the neighbors property at the top of the hill where the county road meets her property.

The gravel is almost completely washed away (mud road), and the erosion is causing the entire hillside to collapse...right into the duplex. It is endangering my structure and my right of way. I've spoken to the neighbor and she says that I am not allowed to improve the driveway because it belongs to her (can't even trim overhanging trees so that my car can fit). She said she went to a lawyer before I purchased the property to see if she could force the previous duplex owner to build a driveway from the backside of the property where it meets the county road but is ridiculously steep (hence the original reason for the easement) and that she would fight to get me off of the driveway. The previous owner rented to unpleasant people so I can understand how she became so irritated, but I renovated it to attract a better renter. She admitted that she tried to purchase the property but couldn't get the financing so I suspect she is being vindictive. I don't want things to get nasty, but I need to know my rights so I can prevent further erosion.

Q1: Do I have right to maintain driveway, even on her side of easement?
Q2: Can I re-grade the driveway, re-dig the culvert, re-gravel to prevent the damaging erosion?
Q3: Is she legally required to maintain the driveway (at least 1/2)?
Q4: Can I pave it to prevent erosion, even though the deed says "gravel"?
Q5: Does she have a leg to stand on legally for requiring me to build a new $10,000 driveway from the backside of the property?

I appreciate all of your help...

[aaron]

When you say the "driveway sits squarely on her 15' easement not mine", you mean that the driveway is located on her side of the property line?

What is the exact language of the easement?

Given that your neighbor probably won't cooperate based on anything less, you may want to go to a lawyer, and have your lawyer draft this person a letter explaining your rights. It sounds like you're getting close to a crisis point if a repair is not made.

[mtbbetty]

Thank you for replying.

Deed: "Grantor hereby retains a 30 foot and 50 foot right-of-way across the herein described property as shown by survey of (surveyor) dated December 29, 1995, said right-of-ways being for access to lots 12B and 12C."

I own lots 12B and 12C. My neighbor owns lot 12A. It was originally just lot 12 but was subdivided to build the duplex.
I went to the surveyor who surveyed the property in 1995 and got an original copy of the survey which shows the 30' R/W as a "gravel driveway" sitting 15' my property and 15' neighbor's property. In reality, the existing driveway is only 15' wide and sits mostly on my neighbor's property. The 50' right-of-way described in the deed refers to the county road that stops at the top of the hill but the R/W is allocated all the way down the slope along my property lines. It is unrealistic to build a driveway on this slope because it is covered in large pines with an extremely steep, rocky grade. Hence the original reason for the 30' driveway right-of-way shared between lots 12A and 12B.

Right now I am attempting to retard the erosion process by planting grass seed and laying germination blankets along the slope between the driveway and the duplex. I am also going to just start re-digging the culvert, very visibly, and see if she says anything to me about repairing it. If she causes trouble, I will then seek the help of an attorney. This duplex is half-occupied by my in-laws as their retirement option, courtesy of yours truly, and I do not have a whole bunch of money laying around to throw at this property, the reason I am begging for help on this forum. Which is why I want to say thank you again for all of your help.