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  1. #1

    Default Consequences of Paving an Easement Against Owner's Wishes

    My question involves real estate located in the State of: Georgia.

    We have an easment for access and utilities from our neighbor's property. It has long been a bone of contention between us and our neighbors because it is gravel and runoff patterns continually have washed it out and deposited the gravel into the owning neighbor's yard. We have in the past not had the money to maintain it with new gravel and grading. (The language concerning the easment says that we are responsible for maintaining it.) We had a change in finances and so decided to take care of the problem once and for all, and hired a contractor to pave it. The neighbor had no problem while the gravelling and grading was being done but began having a fit when the paving equipment showed up, saying it was "against the rules" (there are no rules that I know of against it, certainly there is no covenant out in the county where we are). Caught between his wishes and the contract with the pavers, I decided to tell them to go ahead and pave. the pavement it a fait accompli.

    What kind of legal consequences can I expect from this? The neighbor and I have an agreement in principle that I could purchase the easment from him, but his mortgage company won't let him split it off until he pays his mortgage in full. Does this have bearing in this case?

  2. #2
    Join Date
    Sep 2010
    Posts
    6

    Default Re: Consequences of Paving an Easement Against Owner's Wishes

    The easement document should state what type of path you can have. Mine clearly state's that it must be maintained as a gravel or like type substance drive.

    Even if it doesn't say that in the easement I would say he should have a pretty good case that the gravel driveway was the type of easement you were allowed. If he takes you to court you could be faced with the removal of the driveway..then you will bear the cost of removal, putting it back in its previous state (gravel drive) and could be out paying for his attorney and court costs.

    Its probably too late to repair the damage done to the relationship but you can try.

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