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  1. #1

    Default Right of Way

    We own a house for 13 years with a right of way across a corner of our neighbors property. A friend of the neighbor is purchasing landlocked land behind the neighbors property. He wants to grant his friend a right of way on our paved driveway that we have maintained since we spent thousands of dollars to pave it. My question is can he grant a right of way without our permission?Any help is appreicated. New york state by the way.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Right of Way

    =right of way help;319059]We own a house for 13 years with a right of way across a corner of our neighbors property
    I just want to be sure I understand what you mean. This statement means you have an easement across anothers property to access your property, yes? You do not actually own the property you use to access the property, yes?


    .. He wants to grant his friend a right of way on our paved driveway that we have maintained since we spent thousands of dollars to pave it. My question is can he grant a right of way without our permission?
    and the answer is:

    maybe.

    this is with the position that you are the dominant tenant of the easement you use to access your house. That is, you do not own the property used actually but have rights to use it,

    depending on exactly what your grant of easement states is what will make the difference if the serviant tenant can grant rights to the new neighbor or not. If you were not granted exclusive use of the easement, the serviant tenant can grant easement rights to anybody he chooses as long as he does not interfere with your rights per your grant.

    My question is;

    presuming you are the dominant tenant, who or what gave you the right to pave the easement? You cannot alter the easement in a way not granted by the grant or without the serviant tenants permission.

  3. #3

    Default Re: Right of Way

    We are the dominant tenant and the owner gave us permission to pave it, the owner has a seperate driveway and told his friend he could use that but the friend wants to use our driveway.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Right of Way

    We are the dominant tenant and the owner gave us permission to pave it, the owner has a seperate driveway and told his friend he could use that but the friend wants to use our driveway.
    Ok. If the serviant tenant wants to allow the new guy to use the drive, unless you have something that states you have exclusive use of the easement, the new neighbor gets to use the drive.

    If the serviant tenant does not allow the use, then it is an issue between him and the new neighbor. It actually does not involve you.

    after all, it is the serviant tenant property, not yours.

  5. #5
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Right of Way

    JK.

    Would the proposed granting of an additional use not be overburdening the existing easement?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Right of Way

    for one additional house? most likely not.

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