I have bought 6-acre, vacant parcel in Tennessee which is accessed by a 40-yr-old, deeded right of way easement. The same easement also serves two other properties which are even more land-locked than mine (they have to cross the easement over my property), both of which have houses on them which have been occupied for 30 years or so. The deeded easement is expressly for a "roadway and right of way" to the specifically referenced landlocked properties, including mine, and no one disputes that the easement exists and continues to be legally used. The shared driveway also serves as a route for the underground water service off the main at the public road, for the two existing homes neighboring my lot.
The previous owner of the lot (call him Dr Evil) that we all have to cross (call it the gateway lot) to get to our properties, when he sold to the new owner in 2003, wrote a restrictive covenant into the deed that no part of the gateway lot could ever be used for "access to or utilities to" "other lands" without his permission (Dr Evil's). Dr Evil apparently intended to retain consent rights on cross access and installation of utilities for some strange mix of personal vendettas against former owners and dreams of extorting money from future purchasers of the land locked pieces.
Question 1: Clearly he can't block a deeded, functioning driveway easement or make the other homeowners dig up their water lines, but can he stop me from installing a new water line under the easement across the gateway lot? Recall that the deeded easement says nothing about utilities -- I guess I would be relying on a prescriptive easement since there have been water lines there for 30 years, though I'm not sure whether that would definitively apply to someone wanting to install a NEW line. Note that the water lines were put in by the people who were originally party to the creation of the easement, so the implicit intent was for it to be a driveway and utility way.
Question 2: Do I need Lot A owner's permission to pave the right of way? It is currently gravel. Of course I'd ask permission anyway and try to do it nicely, just wondering whether he could stop me.