Results 1 to 2 of 2
  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Default Driveway Easement

    My question involves real estate located in the State of: Ohio

    My neighbor owns the driveway that is between our properties. I recently asked her to stop blocking the driveway so I could use it for loading/unloading. She refused and said it's not a shared driveway but there is an easement on file on her deed that gives me permission to use the driveway. What, if any, legal action can I take against her. I do not need to park in the driveway, just use it to access my property as stated in the easement paperwork (which was drawn up in the late 1920's by previous owners).

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    1,954

    Default Re: Driveway Easement

    If you have a deeded easement for passage over your neighbor's property, you are the dominant tenant and she is the servient for the rights granted to you which would include completely unrestricted right of passage in the absence of any other terms.

    That does not include a right to park, store, party, etc.

    Any purposeful impediment to your right of free passage is probably a trespass on the easement. See your local attorney.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 3
    Last Post: 02-20-2011, 11:34 AM
  2. Neighbor Wants to Fence Easement, Driveway Overextends Allotted Easement
    By quail in forum Easement and Right of Way Law
    Replies: 7
    Last Post: 01-18-2011, 09:50 AM
  3. Driveway Easement vs. Alley Easement
    By galatel in forum Easement and Right of Way Law
    Replies: 1
    Last Post: 07-08-2008, 02:01 PM
  4. Getting a Prescriptive Utility Easement Through a Driveway Easement
    By farmerbrown in forum Land Use Regulation
    Replies: 4
    Last Post: 12-28-2007, 06:31 AM
  5. Driveway easement
    By chickpea711 in forum Easement and Right of Way Law
    Replies: 4
    Last Post: 04-01-2007, 07:20 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Easement Forms
Instantly download professional easement forms for all states.




Untitled Document