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Easement advice

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JosephWB2

Junior Member
What is the name of your state (only U.S. law)? Delaware

I purchased my home in 2005 as new construction. The lot was previously empty and the neighbors behind created a driveway through it to access their rear parking. My home has a wide entrance driveway that immediately splits into two parts: one goes to my garage and then other is a paved version of that old driveway that extends for 100 feet to the neighbor's house down the side of my home. This driveway is my property but they have an easement to their property for access only.

My deed states:

"Subject to a 10 foot wide easement from (My street) to the adjoining property Lot 6 in the rear of this property (the boundaries are then described). THIS EASEMENT IS GRANTED with the specific understanding that the party of the second part (me), his heirs and assigns, shall not be responsible for maintaining the easement area and said easement shall be used for access to Lot 6 only."

The neighbors that own Lot 6 have become increasingly hostile, claiming I don't own the driveway property (my deed and the boundary survey filed with the county shows that I do), that they can park, little, let their kids play in it and do basically anything they want. Their 30 year old son has started threatening to break me in half and says he will do whatever he wants.

I have filed a case with the county to get a restraining order against the son, but am trying to figure out what my rights are as far as the property and the best action to take to get them to (at least legally) be aware of what their limited rights are and who does own the property.

Any advice would be appreciated.What is the name of your state (only U.S. law)?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Delaware

I purchased my home in 2005 as new construction. The lot was previously empty and the neighbors behind created a driveway through it to access their rear parking. My home has a wide entrance driveway that immediately splits into two parts: one goes to my garage and then other is a paved version of that old driveway that extends for 100 feet to the neighbor's house down the side of my home. This driveway is my property but they have an easement to their property for access only.

My deed states:

"Subject to a 10 foot wide easement from (My street) to the adjoining property Lot 6 in the rear of this property (the boundaries are then described). THIS EASEMENT IS GRANTED with the specific understanding that the party of the second part (me), his heirs and assigns, shall not be responsible for maintaining the easement area and said easement shall be used for access to Lot 6 only."

The neighbors that own Lot 6 have become increasingly hostile, claiming I don't own the driveway property (my deed and the boundary survey filed with the county shows that I do), that they can park, little, let their kids play in it and do basically anything they want. Their 30 year old son has started threatening to break me in half and says he will do whatever he wants.

I have filed a case with the county to get a restraining order against the son, but am trying to figure out what my rights are as far as the property and the best action to take to get them to (at least legally) be aware of what their limited rights are and who does own the property.

Any advice would be appreciated.What is the name of your state (only U.S. law)?
**A: have an attorney review your docs and send neighbors a letter.
 

154NH773

Senior Member
I agree with HomeGuru that you should consult with a lawyer, however; the wording you have quoted:
said easement shall be used for access to Lot 6 only
...can mean many different things, depending on who is interpreting it. The final judge of what that phrase means will be a court.
Just a warning, based on experience; A court can come to ANY interpretation. If you decide to litigate this issue, you may not be happy with the outcome.
My advice would be to consult with an attorney, and try to separate their nasty behavior from the legal aspects of the easement. The two are not closely related legally.
 

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