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View Full Version : rights as an easement holder New York


kjo68
02-26-2007, 09:13 AM
I have an easement for "driveway purposes" only. It is my sole responsibility for maintaining it.

My questions are:

Can I plant large bushes along the boundaries of the ten foot wide easement?

Can I put up a split rail fence with intermittent breaks in the fence to allow my neighbors access?

My reasoning is that my neighbors are driving along my easement in order to access their house. I want to prevent this. I'm trying to figure out a way to continue to give them personal access but not vehicle access.

Any thought?



KJO68

seniorjudge
02-26-2007, 10:01 AM
Q: Can I plant large bushes along the boundaries of the ten foot wide easement? Can I put up a split rail fence with intermittent breaks in the fence to allow my neighbors access?

A: I doubt it since your easement is for ingress and egress.



Q: My reasoning is that my neighbors are driving along my easement in order to access their house. I want to prevent this. I'm trying to figure out a way to continue to give them personal access but not vehicle access.

A: If the neighbors (or their predecessors in title) gave you (or your predecessors in title) the easement, then they have the right to use it also. They are the servient estate and you are the dominant estate. (Google those terms to learn more.)

It is very unlikely that you have an exclusive easement; but I don't know for sure since you did not post the terms of the easement.

kjo68
02-26-2007, 10:31 AM
driveway purposes defined:

"driveway purposes" as used in this agreement means residential driveway

maintenance:

the driveway described above shall be maintained by the party of the second part at its sole cost and expense.

easement to run with the land:

this grant of easement shall run with the land and shall be binding and inure to the benefit of the parties hereto, their heirs, successors, or assigns.

dated 1974

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