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  1. #1
    Join Date
    May 2012
    Posts
    3

    Default Tenants' Use of Easements

    My question involves an easement in the state of: Indiana

    I have a question almost 3 years ago we bought a house on 2 1/2 acres of land. But our driveway to our house is an easement which gives a neighbor across the street access to property behind us. Normally he comes down it once a day to feed his horse and hunting dogs, that is not the problem. We do not mind that. We have 4 children and our reason for buying this property and house was to get them away from the city and have a safe place to play and ride bikes. But now our neighbor is talking about leasing his land behind us to a person who trains race horses and that there is going to be big horse trailers and more traffic in our driveway. My question is does he have the right to give access to the driveway? We are the owners of the land and pay taxes and maintain it all. How does he have the right to give any kind of access to it when the land is not his? and he is only given permsission to use the driveway in and out for his use. Not for him to lease to other people causingg more traffic, wear and tear not to mention the risk of something happening to my children.

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Easements

    It's his land behind you, and more importantly, it's his easement which is burdening your property. He has the right to lease the land, and when he does that, his lessees would likely gain the right to use his easement for access, much like tenants in an apartment building gain the use of stairs in the building to enter their apartment. When the lease is done, the lessees would no longer have the right to cross over the easement.

    In terms of the maintenance of the driveway and the easement, you may want to address your concerns with your neighbor. Ask if he would be willing to share the cost of maintaining and or upgrading the driveway to handle the new volume of traffic.

    In terms of safety for your children, you might consider installing a gate at the entrance to the drive. The gate wouldn't even need to be locked. It's mere presence could act as a "speed reducer" for the lessees, where they would have to stop at the gate, get out, open it, pull through, and then close the gate behind them before proceeding in.

    Whatever you decide to do, I would voice your concerns with the neighbor. Try to come up with a reasonable solution that everyone can live with. Good luck.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Easements

    If you want to know the restrictions on the easement, look up the granting language. If you want help understanding the language, post it here or consult a lawyer.

  4. #4
    Join Date
    May 2012
    Posts
    3

    Default Re: Easements

    OK I will look into that. Thanks, I appreciate any help I can get. I do not want to cause conflict because we have got along since we have lived here. My understanding when we bought the house is it is our easement and we granted him access to it.It is on our property and we pay the taxes on it. Soley to go to his land behind us, basically he has permission to go in and out of the driveway. I was not aware that he can lease his property to anyone and grant them access also. Which will be a burden with more traffice and horse trailers driving by our house on a regular basis.

  5. #5
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Easements

    And now I have more questions than answers for you.

    The exact granting language of the easement posted here would help to clear up those questions. Feel free to redact any proper names you wish.

  6. #6
    Join Date
    May 2012
    Posts
    3

    Default Re: Easements

    I am going to see what paperwork I can find about the easement. From my understanding it has been here awhile. We are also talking about having the land surveyed to make sure we know the exact property lines. Once I find everything out I will post. Thanks for all the help!

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