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  1. #1
    Join Date
    Oct 2019

    Default My Driveway

    My question involves real estate located in the State of: North Carolina

    My house sits on a private dr. Iím At the end and I have deeded easement access. The driveway is currently 16 and a half feet in width. There is a man who bought a house on the other side of the driveway. He has continued to dig ditches across and remove freshly laid gravel by myself and my other neighbors. Although this doesnít seem bad he has made it at time nearly impassable. We have tried to talk with him but it has done no good. What do I do? Need help.

  2. #2
    Join Date
    Nov 2013

    Default Re: My Driveway

    We would need more information on the private drive to really know what your options are. What the easement grant language says is important. What does it say about maintenance, improvements, utilities, and use?

    Generally speaking, when it comes to a private road someone has to own the land under the road. That is either the properties that abut the road (usually measured from the centerline) or some other property owner or an association.

    Since you say that you have a deeded easement, I will assume that the land (the road) is part of another property (the servient estate) and you and all the other properties abutting the road (the dominant estates) also have easements to us the road.

    Basically the common law does not allow anyone (neither the servient nor any of the dominant estates) from impeding the use of an easement.

    What is the purpose of the ditches across the road ?

    You can post the grant language if you want to. Or you and the other neighbors can have the situation reviewed by a local attorney for your options. Maybe a cease and desist letter from an attorney will get him to stop.

  3. #3
    Join Date
    Sep 2010

    Default Re: My Driveway

    Bud's right, but frankly, if his efforts are impeding your use of the easement, then he needs to stop. Alas, there's not much you can do other than pointing out his legal obligation but take everything to an attorney.

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