Quote Quoting budwad
View Post
It's still an easement with the neighbor being the dominant estate.
Your point? The easement is for roadway purposes so you don’t get to set a dumpster on it. In addition, if the roadway was not constructed, dspending on how the grant or covenants of the subdivision are written, its quite possible the dominant tenant cannot create the roadway (and since he isn’t utilizing it as a roadway it’s irrelevent at this point)

There are many roads designed in subdivisions that were never constructed. They may have been intended to allow access to an expansion or simply a road that was never constructed as there was no need for it as the property that would use it hadn’t been sold. That doesn’t necessarily give the dominant tenants the right to simply turn it into a two track trail.

as well, somebody may even have a claim for adverse possession of the easement property.

there is much more needing to be known to determine if the dominant tenant has any right to utilize the row for any purposes. There may but just the same, there may not be. Many pages of documents to review before making the call and much germane but undocumented information as well.