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  1. #1
    Join Date
    Sep 2010
    Location
    Mississippi
    Posts
    6

    Default Re: Maintenance Responsibility and Heavy Commercial Traffic Over Residential Easement

    At the time the easement was granted, around 1972, he only owned 3 acres which was part of my property and the easement was a requirement of his financial institution to build his house (mortgage), there were no plans for and never has been a business located on his property for the past 38 or so years, at least anything that would require any commercial vehicles.

    Around 12 years ago, he obtained the additional 37 acres which was timberland, but we are NOT talking about trees being harvested, the trees have already been harvested by him and that did not bother me other than him not doing any maintenance on the road. Now he is planning on selling dirt (a dirt pit) which in my opinion would result in much more traffic down my driveway.

    My driveway is designed for a single vehicle and in majority of places, there are no places to pass. There are also three culverts down this driveway that are very old and we already have problems with them washing out during heavy rain.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Maintenance Responsibility and Heavy Commercial Traffic Over Residential Easement

    not sure if you shot yourself in the foot or not with allowing the trees to be harvested via the easement. He can argue you allowed commercial use for the trees so he should be allowed to use it for the dirt.

    Could be a struggle for you.

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