easement problem

[toesonthenose76]

What is the name of your state? fl

The issue is an existing easement that was in place prior to us purchasing the property. The neighbor has an easement to access his property across the front of my yard. He has layed a brick paver driveway in the easement several years ago(prior to my purchase). Now with the construction of my house, I would like to replace the pavers so that they match the pavers of the proposed driveway without restricting his access. The neighbor believes he owns the easement and I have no rights. I believe that he has the right to use that easement for the access to his property, but that I still own the land and determine what is placed in the easement as long as it does not block his access.

Easement language - TOGETHER WITH EASEMENT FOR INGRESS & EGRESS OVER & ACROSS WEST 10.00 FT OF EAST 170.00 FT OF NORTH 63.23 FT OF SOUTH 83.23 FT OF TRACT 55 OR 4185 PG 784

Does anyone have any answers?

 

[FlyingRon]

You probably should see a lawyer, but in general, as long as you don't do something that impedes his ability to access his property, you're free to repave that anyway you want. He doesn't "own" an easement nor do most ingress easements give exclusive use (you could infact use that driveway as your own driveway as long as you don't park things in it that would block his use.

 

[seniorjudge]

What is the name of your state? fl

The issue is an existing easement that was in place prior to us purchasing the property. The neighbor has an easement to access his property across the front of my yard. He has layed a brick paver driveway in the easement several years ago(prior to my purchase). Now with the construction of my house, I would like to replace the pavers so that they match the pavers of the proposed driveway without restricting his access. The neighbor believes he owns the easement and I have no rights. I believe that he has the right to use that easement for the access to his property, but that I still own the land and determine what is placed in the easement as long as it does not block his access.

Easement language - TOGETHER WITH EASEMENT FOR INGRESS & EGRESS OVER & ACROSS WEST 10.00 FT OF EAST 170.00 FT OF NORTH 63.23 FT OF SOUTH 83.23 FT OF TRACT 55 OR 4185 PG 784

Does anyone have any answers?

double post

Answered and discussed here:

https://forum.freeadvice.com/showthread.php?t=354957