I now have a driveway from a rental house that runs through the middle of my property.They have a 20" easement from that house to the main road. It runs right by my home, What can I do to have it moved a little farther from my house. I had a new drive made for them but they refuse to use it and insist on using the old road, I tried talking to them about using the new road but they will not use it. Most of their company and the electric man use the new drive but they will not. The new drive is much safer for everyone concerened. Each house would have it's own drive if they would use the new one. I own the 8 acres surrounding their house on one side and they own another 55 acre property that their home is at on the other side . They rent out the house behind me that the drive in question goes to. Is there any way to get them to use the new driveway?
2007-11-08 04:16:14 · 4 answers · asked by rgh13 1 in Business & Finance ➔ Renting & Real Estate
If you want to change a legal easement, you need to discuss it with a real estate attorney. The easement is part of your deed.
2007-11-08 04:22:46 · answer #1 · answered by Anonymous · 0⤊ 0⤋
This is going to be really tough. You need to have your local planning commission approve the easement you want first, you don't get to just decide this on your own. Be prepared to pay for all of the surveying, etc (mostly they survey for grade). The fire department has to approve it as well. Past those issues there is the issue of who paid for the original road to be built in the first place. It most likely was them, not you, so you may need to offer financial incentive to get an agreement to change. They can not legally even agree to change until this has gone by the planning department (who is mostly checking to make sure the new road does not impede anything above or under ground) and the fire department (who is concerned about getting their trucks to a house fire just in case).
Good luck! Easements are not a lot of fun.
2007-11-08 12:29:14 · answer #2 · answered by Landlord 7 · 1⤊ 0⤋
There is no way to force them to use the driveway you wish them to use. The easement gives them a legal right to use the old one.
2007-11-08 12:22:00 · answer #3 · answered by mazziatplay 5 · 1⤊ 0⤋
not by lawsuit, no
easement was there (I assume) before you bought the place.
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Of course, they might move it if you pay them 10k. Expect that they'll want the new easement properly drawn up and recorded.
Btw, do the utilities run in the same easement?
GL
2007-11-08 12:23:37 · answer #4 · answered by Spock (rhp) 7 · 0⤊ 0⤋