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  1. #1
    Join Date
    Apr 2007
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    3

    Default Easement Use In Mississippi

    I live in a rural area and am surrounded by a timber company's land between my property and the public road. My right of way easement is my driveway to my property and home. The land owner next to mine has no easement from the timber company and has been using my driveway for access to his land to hunt on, cut firewood, etc. but lives elsewhere. There have been no problems until recently when he contracted with an individual to cut trees from his land - allowing this individual to use my driveway as access without asking me for permission. My driveway is a muddy mess and it's been 2 weeks waiting on it to be fixed. My question is, does my neighbor have the legal right to use an easement that is in my name only?

    Thanks.

  2. #2
    Join Date
    Jul 2006
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    5,437

    Default Re: Easement use in Mississippi

    Quote Quoting ccbs
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    I live in a rural area and am surrounded by a timber company's land between my property and the public road. My right of way easement is my driveway to my property and home. The land owner next to mine has no easement from the timber company and has been using my driveway for access to his land to hunt on, cut firewood, etc. but lives elsewhere. There have been no problems until recently when he contracted with an individual to cut trees from his land - allowing this individual to use my driveway as access without asking me for permission. My driveway is a muddy mess and it's been 2 weeks waiting on it to be fixed. My question is, does my neighbor have the legal right to use an easement that is in my name only?

    Thanks.
    Q: My question is, does my neighbor have the legal right to use an easement that is in my name only?

    A: What EXACTLY does your easement say? The neighbor may be overburdening the easement. Also, the neighbor may just have a license (not an easement) to use the right of way and you generally cannot assign license rights.

    We need more info and facts.

  3. #3
    Join Date
    Apr 2007
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    3

    Default Re: Easement use in Mississippi

    Quote Quoting seniorjudge
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    Q: My question is, does my neighbor have the legal right to use an easement that is in my name only?

    A: What EXACTLY does your easement say? The neighbor may be overburdening the easement. Also, the neighbor may just have a license (not an easement) to use the right of way and you generally cannot assign license rights.

    We need more info and facts.
    Quoting from Right of Way Easement that I have:

    "The above easement is for the purpose of ingress to and egress from the property of the Grantees herein, to a public road as shown by said above mentioned description."

    The grantee is me only. My neighbor has never contacted Weyheauser asking for an easement into his land from the public road. He's always assumed it was ok to use my driveway and it was until now. They own the frontage property in front of his land as well. As far as I know, the guy cutting my neighbor's trees does not have a license from Weyheauser to use the easement issued for my use. It was my understanding Weyheauser declined their request to clear another road through to the neighbor's property for logging purposes.

    Neighbor is insisting it is not his responsibility to repair my driveway because he has a contract selling his timber to the logger and it was loggers responsibility to figure out how to get to it. Neither individual asked me about using my right-of-way.

    What options do I have to prevent the neighbor from continuing to use (and now abuse) my driveway in the future?

    And can Weyhaeuser refuse to grant him an easement to his property?

  4. #4

    Default Re: Easement use in Mississippi

    I would have someone give you an estimate on repairing your driveway and send it to him advising he has ten days to repair the road or you will have it repaired. Be sure to send the letter CRRR. Then sue him in small claims for the damage. Be sure to take pictures and get an impartial witness that can testify as to before and after. It is up to him to deal with the logger.

  5. #5
    Join Date
    Apr 2007
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    Default Re: Easement use in Mississippi

    Quote Quoting lwpat
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    I would have someone give you an estimate on repairing your driveway and send it to him advising he has ten days to repair the road or you will have it repaired. Be sure to send the letter CRRR. Then sue him in small claims for the damage. Be sure to take pictures and get an impartial witness that can testify as to before and after. It is up to him to deal with the logger.
    Thanks!

    In regard to easements, if my neighbor requested an easement from Weyheauser (the owner of the frontage property between us and the public road) are they required to provide him with an easement and if so, what is the likelihood that they would just add him to my existing easement?

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