
Quoting
mikemark8
the easement does cross at least half the lots-the center of the driveway is the property boundry so the non-resident and their 5-6 year old are crossing property not owned by them or the person who granted 'permission'. The dominant tenant for any given property would be the deed holder I would think...for each individual property.
I guess the point is, giving someone permission to come to the back of one's home, accessing someone else's property is one thing-but to just leave it open to any time, day, or method of access (on foot, by vehicle) with no regard to the rights of other property owners and consideration of their liability should not be allowed-that is our position. The general feeling is that this 'trespasser' is being obstinate. We are generally concerned that this will set a precedent-others will assume it is alright to use our property as a cut-through, and will will have risk and liability due to the actions of one resident.
The allowed use has been, for as long as we have been here (12 years), residents, extended family and hired contractors (more liability?). Guests do sometimes park 'out back' but it is granted on a 'as needed' basis, not a blanket easement. Foot traffic is really minimal, it is almost exclusively vehicular.