Deeded Right of Way

[bonzai]

What is the name of your state?What is the name of your state? NJ

I have on my property a deeded right-of-way so that the property owner behind me can gain access to his property. The deed states that the property behind me has right-of-way for ingress and egress. Nothing more. Currently there is a gravel driveway for this purpose, and we have no disputes.

On my current residence, I have a my own distinct paved driveway to my house.

I would like to also use the gravel driveway on the easement as an alternate access to my property. The property owner behind me claims that if I want to use the gravel driveway, that we should change the deed, to identify easement now as a shared driveway.

This seems incorrect to me, I believe it is already shared, since I pay the taxes on the easement property and I believe that I am the dominate property. I believe that I have the right to do anything I want with that gravel driveway, provided that I don't obstruct my neighbors's ingress and egress. My main question is that true?

If it only states ingress and egress on the deed, does the property owner behind me have any additional rights to:
a) remove trees?
b) re-grade the the land on the easement?
c) pave the gravel ?
d) add utilities (e.g. water, sewer, cable, electric) over the easement?
e) to park cars on the easement?
f) sub-divide his land and extend the right-of-way to include more houses - further burdening the use of the easement with more cars.

Thanks

Bonzai

 

[seniorjudge]

What is the name of your state?What is the name of your state? NJ

I have on my property a deeded right-of-way so that the property owner behind me can gain access to his property. The deed states that the property behind me has right-of-way for ingress and egress. Nothing more. Currently there is a gravel driveway for this purpose, and we have no disputes.

On my current residence, I have a my own distinct paved driveway to my house.

I would like to also use the gravel driveway on the easement as an alternate access to my property. The property owner behind me claims that if I want to use the gravel driveway, that we should change the deed, to identify easement now as a shared driveway.

This seems incorrect to me, I believe it is already shared, since I pay the taxes on the easement property and I believe that I am the dominate property. I believe that I have the right to do anything I want with that gravel driveway, provided that I don't obstruct my neighbors's ingress and egress. My main question is that true?

If it only states ingress and egress on the deed, does the property owner behind me have any additional rights to:
a) remove trees?
b) re-grade the the land on the easement?
c) pave the gravel ?
d) add utilities (e.g. water, sewer, cable, electric) over the easement?
e) to park cars on the easement?
f) sub-divide his land and extend the right-of-way to include more houses - further burdening the use of the easement with more cars.

Thanks

Bonzai

If what you say is 100% correct, then all the neighbor has is the right to access.

 

[bonzai]

I am not sure of the rights, i am really asking?

 

[seniorjudge]

I would like to also use the gravel driveway on the easement as an alternate access to my property. The property owner behind me claims that if I want to use the gravel driveway, that we should change the deed, to identify easement now as a shared driveway.

Your neighbor is wrong.

This seems incorrect to me, I believe it is already shared, since I pay the taxes on the easement property and I believe that I am the dominate property*. I believe that I have the right to do anything I want with that gravel driveway, provided that I don't obstruct my neighbors's ingress and egress. My main question is that true?

Yes.

If it only states ingress and egress on the deed, does the property owner behind me have any additional rights to:
a) remove trees?
b) re-grade the the land on the easement?
c) pave the gravel ?
d) add utilities (e.g. water, sewer, cable, electric) over the easement?
e) to park cars on the easement?
f) sub-divide his land and extend the right-of-way to include more houses - further burdening the use of the easement with more cars.

No, no, no, no, no, and no.


*Actually, you are the servient estate and the neighbor is the dominant estate; but that just refers to whose land the easement runs over.