Easement issue

[eyesthename]

What is the name of your state? new york
When we bought our second home last September we found out that there is a driveway easement with the winery next door. We were told that the easement first came about because the winery did not have a driveway and that now that they have their own driveway, they shouldn't need to use ours. We have just completed renovations on the house and stayed overnight for the first time last Sunday.. When we went out Monday morning there was a note on our car asking us not to park in the "shared" driveway. The next day there were signs posted at the end of the driveway saying to keep the driveway clear. There is no other place to park cars unless we park on the front lawn. Does a driveway easement mean that they must have access 24/7 and we can never park cars there? This does not seem right since we own the driveway. Please advise.

 

[Ozark_Sophist]

You cannot block the easement. You may own the land, but the winery has the legal right to use your land. If the winery has other access, you could offer to buy back the easement.

 

[justalayman]

this exact post sounds terribly familiar.


you cannot use the easement in any manner contrary to the easement grant. If it states the winery owners have use of it for ingress and egress, you cannot block it, anytime for any reason, period.

you bought the prpoerty either knowing of the easement or intentionally ignorant of the easement since mention of it would have been in several places during the sale process. You are now bound by the grant.

If you had a problem with it, you should have not bought the property or sought to alter it prior to purchase.

you may own the property but your rights to the property are secondary to the rights of the winery folks.