+ Reply to Thread
Results 1 to 8 of 8
  1. #1
    goodfences Guest

    Angry Does this constitute abuse of a driveway easement???

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

    We purchased our house 3 years ago. In the early 1900's an easement was granted by the owner of our house for the neighbor to pass over the driveway to access parking on their property. So, the situation functions like a shared driveway with us driving down and veering off to the left into our spots and they veering off to the right into their spots (which fall on their property).

    I think they are abusing the easement. In 1988 they turned their house into a three family so they have tenants in their attic and in their basement each of whom have a car. In addition, the neighbors have two cars and a boat. This is quite a bit of traffic travelling up and down the driveway each day. We have a small child so of course it worries me to have so many cars around.

    The neighbors are awful landlords so their tenants don't stay very long, so there are always new people coming and going and often they don't appear to have been informed by their landlords that they are to "pass over our driveway" into their spots as is stated in the easement.

    The easement is deeded in that it passes to heirs and assigns. I am SURE that back in the early 1900's the person who decided to grant this easement never imagined that the grantees would be (ab)using it to the hilt.

    Do we have any remedies?
  2. #2
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    "Do we have any remedies?"
    *** Remedies about what??? Your post provides no description of ANY violation of the easement 'rights'.
  3. #3
    goodfences Guest

    thanks, but...

    I think they have increased the burden of the easement and this is where I think I have legal standing. If anyone who knows the law can add to this I would appreciate it. We are open to hiring an attorney but don't want to throw away money if we don't have a case. Of course, I am hoping we have a case.

    Read this purtaining to easements:

    A grantee of an easement may not be restricted to uses which were current at the time of the grant of the easement, even if such uses are described specifically in the grant, but may reasonably change the use over time so long as the burden on the servient estate is not increased. (In our situation as the servient estate I would say the burden has certainly been increased -- also it has been less than 20 years since they turned the house into a three family thereby introducing all the new traffic on the driveway... it seems 20 years is a magic number in relation to perscriptive easements which is partly why we want to handle this now -- if there is anything to handle)
  4. #4
    Meursault Guest
    In our situation as the servient estate I would say the burden has certainly been increased
    Increased but not changed. And that is going to be your problem.

    it seems 20 years is a magic number in relation to perscriptive easements which is partly why we want to handle this now
    And this has nothing to do with your issue.

    if there is anything to handle
    Which, as you've already been told, there is not.
  5. #5
    Mrs Bridges is offline Member
    Join Date
    Mar 2005
    Location
    Maine
    Posts
    55

    Clarification Needed, Please

    If the neighboring house has been converted into a 3-unit apartment building, then isn't this now a commercial venture rather than a private single-family dwelling?

    I was under the impression that when the easement starts being used to support a commercial venture, it is a change, and therefore an overburden of the easement.

    If that's not correct, please enlighten.
  6. #6
    ErinGoBragh is offline Senior Member
    Join Date
    Dec 2007
    Location
    Somewhere, NY
    Posts
    1,025
    Quote Originally Posted by Mrs Bridges View Post
    If the neighboring house has been converted into a 3-unit apartment building, then isn't this now a commercial venture rather than a private single-family dwelling?

    I was under the impression that when the easement starts being used to support a commercial venture, it is a change, and therefore an overburden of the easement.

    If that's not correct, please enlighten.
    Here's enlightenment for you:

    if you have a legal question, start your own thread. You are both hijacking this thread, and reviving a dead post, both big no-nos on this forums.

    Thanks and have a pleasant day.
  7. #7
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,916
    thanks****************************.
  8. #8
    154NH773 is offline Member
    Join Date
    Dec 2007
    Location
    New Hampshire
    Posts
    955
    A grantee of an easement may not be restricted to uses which were current at the time of the grant of the easement, even if such uses are described specifically in the grant, but may reasonably change the use over time so long as the burden on the servient estate is not increased.
    A citation of this type may allow utilities or other reasonable uses not originally considered (or even existing) at the time of the easement grant. As it may have been possible at the time of the easement to create the three units, then the present use would not increase the burden. I have also read caselaw that allowed use in this type of situation, because the easement did not specifically prohibit it. If there is no other reasonable access to the parking for the 3-unit, you may have a lot of difficulty getting a court to prohibit it.

Similar Threads

  1. Will being a Good Neighbor constitute an Easement?
    By Sebastopol in forum Neighbors & Boundaries
    Replies: 7
    Last Post: 07-14-2009, 03:42 PM
  2. Will this constitute proof of abuse?
    By JELA in forum Child Custody & Visitation
    Replies: 78
    Last Post: 03-25-2009, 09:09 AM
  3. Does this constitute child abuse?
    By Totalwreck123 in forum Arrests, Searches, Warrants & Procedure
    Replies: 20
    Last Post: 05-03-2008, 10:34 PM
  4. Driveway easement abuse
    By LindaBMpls in forum Neighbors & Boundaries
    Replies: 1
    Last Post: 06-10-2006, 10:36 AM
  5. Does this constitute emotional abuse?
    By laura8682 in forum Domestic Violence & Abuse
    Replies: 0
    Last Post: 02-24-2005, 12:43 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.