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My question involves an easement in the state of: TN Can someone use our private drive that is posted with no tresspassing signs to pull in and drive up the ROW and park infront of their property? The said property is not land locked and has road frontage with a drive. Thanks.
If they do not possess an easement across the private drive, then no. But there could be exceptions:
It appears they do not need an easement by necessity, since you wrote that they already have access along a separate road.
If they have been using your drive for a number of years, it's possible that they could claim adverse possession or a prescriptive easement; see this article for specific TN information.
You wrote "...to pull in and drive up the ROW..." What Right of Way are you referring to? Your private drive? A road that you use for access to your property? If there is a ROW that you have not mentioned, then they might have access. We need more facts.
More info: The ROW im reffering to is the side if the state road that is maintained and kept mowed. Our driveway is off this highway. They are pulling in and driving down the side of our property.
So, are they driving in the grass section of the state ROW, or are they driving on your driveway?
Forgive me, but it is still not clear to me.
If they are using your private drive, and that drive is not burdened by an easement, then they likely have no right to use it.
Sorry to be confusing. They are pulling in my drive and making a right turn and are driving in the grass state ROW approx. 40-50 yards. We told them that we didnt want them pullin in. I guess they thought they would be smart and still use our driveway and just stay on the ROW the whole time. I just didnt think it was legal for someone to use it like that.
OK I understand now.
So technically they do stay in the State ROW to access their property. Even when they are on your drive, they are technically in the ROW. So from a pure "in the ROW" standpoint, they are still "legal."
However, that grass is there for a reason. Many highway departments plant grass in their ROW no only for it's aesthetic value, but for the purpose of soil stabilization and erosion control. While we don't know what the terrain looks like from the internet, driving on the grass can cause potential damage to the State's grass.
I would start by contacting the Tennessee Department of Transportation and report the neighbor's actions. TDOT really is the affected party here, and might be very interested in the neighbor's behavior.
Also, if possible, consider placing a row of small boulders along each side of your drive to block the "de facto" driveway. Be sure to run it by TDOT though - it is their ROW after all.
Good luck.