The easement states for driveway purposes only. Her friends and family park & block my entrance, my property has been damaged by her drunken friends backing into my back steps, she lets pick up trucks unload rock and dirt right in the middle of the driveway making muddy messes. She never shovels. Do I have the right to tell her that the easement is between me and the title holder of her house only? Can I tell her that only she is allowed to use my driveway to get to her garage and that it does not include her friends? Her garage is only a small one car garage. If the city comes in and puts an alleyway behind our houses do I have the right to end the easement? I've noticed the driveway is cracking really bad with all the extra traffic and big trucks being driven on it by her friends. What can I do? I know she wants to put a cement patio behind her house - can I refuse a cement truck from being driven on my property? I know the weight would ruin it.
2006-09-23 02:55:40 · 10 answers · asked by lindabmpls 1 in Politics & Government ➔ Law & Ethics
You cannnot deny the access to them as they had the rights of easement, but certainly you can stop them parking their vehicles in your driveway.
2006-09-23 19:02:28 · answer #1 · answered by Seagull 6 · 0⤊ 0⤋
If she has an easement to use the driveway for ingress and egress puposes, you cannot stop her and her guests from using the driveway. That doesn't mean that she can use the driveway for parking purposes, however.
If I were you, I'd pay a lawyer $100 or so to send her a letter stating that the easement is for purposes of entering (ingress) and egress (leaving) her property, and that parking on the driveway is a violation of the easement.
In addition, check the language of the easement to see if there is any language concerning upkeep of the easement. If there is, bill her for repairs to the driveway.
Good luck.
2006-09-23 10:56:30 · answer #2 · answered by Mama Pastafarian 7 · 1⤊ 0⤋
You have some interesting questions that only a 500 dollar an hour lawyer creep could answer..
But.......................................It is my impression that an easement allows people to get through your property to their property. I would think that any "reasonable" use of it is ok..cement truck etc. I would think that regular traffic that would damage the cement is ok because believe it or not....cement gets old and breaks. If big trucks are SUV's I think that is wear and tear.
No, I don't think you can say its between you and titile holder because "reasonable" use would include visitors, guests and other family members. You can't restrict access to their property.
The rest of the alleyway question I think would need more detail. Probably the question is, given an easement, is the other party responsible for upkeep of that easement. (like who is responsible for plowing it in winter?).
Backing into steps is not an easement question as that is wonton destruction of your property...which it is.
I think there are a number of issues here that probably need looking at. Get a lawyer...like a free basic visit and ask a lawyer what your options are....
Then you are at least "armed" with info before the next step. Idf they are at all "reasonable" maybe talk to them and discuss the issues with the property owner. But I think they have you pretty pissed of right now.
Also, the cement people would be the people actually doing the damamge if there is any. They probably would evaluate the situation also, before they get involved.
Interesting questions. Good luck.
2006-09-23 10:44:41 · answer #3 · answered by Anonymous · 0⤊ 2⤋
Talk calmly and politely to your neighbor first and see if you can work it out. Then talk to a lawyer if you get no satisfaction. Generally an easement passes to next owner and spells out what and who is responsible for things. If the neighbor is not the owner of the property then contact this owner and tell him whats going on. This happened to my daughter and when she bought her next home she made absolutely sure there were no easements on the new property. They worked it out, but she always ended up shoveling anyway, and her old driveway still hasn't been repaved.
2006-09-23 10:12:22 · answer #4 · answered by justa 7 · 0⤊ 0⤋
iamronald and mamapastafari have the right idea. Some of the earlier answers seem to have no concept of what an easement is.
She and her friends should be able to use the easement, but not block it. You should send her a letter telling her that, and you should see a lawyer if she does not put a stop to it.
2006-09-23 12:49:05 · answer #5 · answered by y_nevin 2 · 1⤊ 0⤋
if the driveway is on your property and you are possitive of that then i beleive you have the right to refuse passage. i would normally advice talking to the neighbor but being through a similar issue i know that doesnt always work.
i would talk to whoever you have the easement with and maybe contact someone in the city building about havin an alley put in.
i dont know if it would help to put up a *private parking all others will be towed at owners expense* sign
2006-09-23 10:14:30 · answer #6 · answered by amythys 3 · 1⤊ 1⤋
If they block your driveway, have them towed. She has a duty to repair any damage to the drive, and if the easement is for a limited purpose only, you have the right to restrict access outside that limited purpose.
2006-09-23 10:57:23 · answer #7 · answered by Catspaw 6 · 2⤊ 0⤋
Yes, once it's your driveway you do have the right! I was just wondering have you mentioned this to her? I actually had a similar problem myself, my neighbours son-n-law & daughter were parking outside my house all the time & I had no where for my friends to park, but when I got my own car I knocked into them & told them never to park there again! (It worked!) I can understand how frustrating this must be for you! Mention it to them & take it from there...
2006-09-23 10:13:54 · answer #8 · answered by Anonymous · 1⤊ 1⤋
If its your driveway YES you can refuse her access. And if she's violating your agreement with her landlord you can also Break that agreement. You never signed up to have your driveway destroyed.
2006-09-23 10:01:40 · answer #9 · answered by Anonymous · 1⤊ 2⤋
I'm not sure ,what state do you live in?
2006-09-23 10:02:04 · answer #10 · answered by Anonymous · 1⤊ 0⤋