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  1. #1
    Join Date
    Sep 2005

    Driveway Vs. Easement or Right of Way?

    What is the name of your state? WV
    In 1997, we purchased our home that includes 20 acres, roughly 3 miles out of the city limits. Our home is not located on the main road. There is a graveled road, off of the main road, 300 yards that we share with mainly one other neighbor. This first neighbor's house, sits facing the main road, and he uses the road only about 25 feet to get to his driveway. The second neighbor lives back this graveled road about 250 yards. This man has lived out here longer and said that he would keep the gravel up if we would pay him. We have always agreed too and done so. However, we asked for receipts, and he has never gave us any and he is a self-employed contractor. A few years back, he wanted to blacktop this road and we definately could not do it. Our children were still in school, his are all married, he is well off financially, however, he did it anyway. We do not have no other way to get out of here, NO OTHER ACCESS to a road, if this road is not available. But his property does go down to the main road. Nevertheless, we paid. NOW, he is wanting to retire, and wanting to blacktop the ENTIRE ROAD..300 feet. Which would be in the thousands of dollars! Our kids are now in college, our only daughter is planning to get married next summer, and I have been diagnosed with a rare lung disease which our insurance is not that good, and this man is telling us: BECAUSE BOTH OF OUR DEEDS SAY THAT WE OWN IRON PINS IN THE CENTER OF THE DRIVEWAY (it says this in several places) THAT IN THE CENTER OF THE ROAD,HE WILL PUT A FENCE AND BLACK-TOP HIS SIDE AND MAKE A NEW OTHER SIDE. However, his land lays to where he can, but ours goes over the hill and we will have no place to put another side to a road. He says the word "drive-way" is not the same as right-of-way or easement EVEN though this house is of no use what so ever without that road. We are stuck back here behind two properties then. Does not that road give us access out to the main road? And if it does OR does not, could you please give me references where I can look this up in our laws. PLEASE RESPOND because he is bringing in dirt by the truckloads daily. Thankyou

  2. #2
    Join Date
    Sep 2005


    CA; Any talk of an easement in your deed? Find your city or county records dept and search the documents relating to your property. Start at the tax accessors office. If there is a legal easement, you'll have several options.

  3. #3
    Join Date
    Sep 2005

    Driveway vs. easement

    Thankyou so much for taking the time to respond. I have a copy of the deed in front of me and there is no mention of the word "easement" anywhere. Driveway is mentioned a few times "center of the driveway" that is, and I also obtained a copy of my neighbors deed prior to buying this property, and his says roughly the same thing. Should I still go check with the tax office or court house then?

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