Right of Way

[theriversthree]

What is the name of your state?NC

We have a drive way that goes through our property and on to a neighbors property that is behind ours. There is now a small subdivision (about 8 homes) that is also behind us. The subdivision used to be property that belonged to the prior owner. When the land was sold, a condition was for the developer to put another entrance/exit point (another road) out of the subdivision so that traffic would not go past our house - the road was built so there is another access point for these people.

The driveway is about 10 feet from our house and we have two small children. I do not mind people using it, but we have neighbors (and friends of neighbors) who drive extremely fast on our driveway.

My question is: Can I put up a gate on my driveway to keep people from using it? Note: The neighbor who has always had access to our drive way is not an issue and I would grant them access.

[BelizeBreeze]

Is the easement exclusive or non-exclusive?

[theriversthree]

How do I find out if the easement is exclusive or not?

[Greg 2]

In answer, go to your courthouse and get a copy of the record [easement], that is recorded that allows the neighbor to use your driveway.

A copy of the document specifying the developer is to provide another drive [entrance/exit] to the subdivision will probably be helpful.

Post the exact wording here.