driveway easement rights

[derwood95]

Take the money you would have spent on a new driveway and build a paved play area for cycling/parking or whatever.

I agree with others that there's really no issue here: She's limiting your rights to strictly what is allowed. That's too bad for you, but it's within her rights, as unpleasant as that is.

You've offered up a solution that she seems uninterested in, and that's also too bad. What it means is you're in a game of chicken--she's hoping to force to to build your own driveway and abandon the easement without paying you anything. You're hoping to build your own driveway and have her fully (or mostly) pay for it. If you were both rational there would be some middle amount of money that you could reach agreement on, and you'd both be better off. But you're both holding out to extract more from the other side so are stuck in a standoff. Who's going to blink first?

I never said we hoped to have her fully pay for or mostly pay for our driveway by purchasing the easement rights, and that is also not our expectations. I said we could use the money to offset some of the costs, I didn't say how much. We are trying to be rational. We would like to come to a middle amount of money that we could agree would be fair for both parties. That would be excellent. Problem would be solved. I don't think she wants to "buy" period. Her and her husband refused our offer in 2003, and they didn't make a counter offer either. We are going to try again to make a fair offer--fair for both parties. I was just trying to get an idea of where we stand legally.

We live 600 feet from the road. Our yard is a huge soccer field so to speak. It is going to cost a lot to put in a driveway. If she refuses to "buy" our easement rights for a fair amount, then we won't be able to afford to do it and we're stuck. And so it goes.

 

[drewguy]

If she refuses to "buy" our easement rights for a fair amount, then we won't be able to afford to do it and we're stuck. And so it goes.

Well, you know where you stand legally so the question is whether you can get her to pay you anything, and whether that amount is worth it to you. Good luck with the negotiations.