My question involves an easement in the state of: NC
New home (Property A) in subdivision does not have concrete driveway. Article 13 of our covenants clearly state "All driveways must be concrete" and we live in an upscale subdivision of $500,000+ homes but no HOA.
New house (Property A) has an easement of 20' running along the right edge of their property to granting access to the property behind (Property B). New house on Property A was placed in such a way as to use Property B's easement as his own driveway. New house on Property A cannot get to their own garage without going over the easement. Neighbor in the back who owns Property B is of course horrified as they thought they had a private easement to access their home. Anyway, new house on Property A says they don't have to concrete the driveway as it is a "shared easement". We think the blacktop driveway looks horrible and think the new house should concrete.
We think if you have to drive down it to get a car from your garage to the street ... its your driveway and it should be concrete. If they (Property A) had put their house anywhere else on the lot ... driveway would have to be concrete. By placing their driveway over the easement they pissed off Property B and also claim its is not a driveway. Again they must drive over it to get to their garage from the street.
Do we have a case if we sue? Covenants state that we have the right to sue over the covenants.
Do we have a good case?