Two Non-Exclusive Easements

[Weebee]

What is the name of your state?What is the name of your state? California

If two separate owners of property both have two separate non-exclusive easements for a driveway and the first guy installs a driveway but refuses to sign a Driveway Maintenance Agreement, can the first guy stop the second party from using that driveway he installed?

 

[seniorjudge]

What is the name of your state?What is the name of your state? California

If two separate owners of property both have two separate non-exclusive easements for a driveway and the first guy installs a driveway but refuses to sign a Driveway Maintenance Agreement, can the first guy stop the second party from using that driveway he installed?

Facts?

Details?

Where is the driveway?

Why two easements?

Why exclusive?

 

[Weebee]

I own a steap, narrow lot. It is too steap to put a driveway straight up my lot, so the City wanted me to use part of my neighbor's pre-existing driveway directly next to my lot (north of me). My neighbor does not own the 30 feet in front of his property where the front part of his driveway is located (property owned by Mr. A). My neighbor does have the right the put the driveway where he did according to the recorded map of the subdivision (non-exclusive right). City wanted me to get an Easement from Mr. A, the owner of the propertyh. We got a non-exclusive easement from him for the same property where the pre-existing driveway is. My neighbor was initially agreeable to signing a Driveway Maintenance Agreement, but now has changed his mind.

My question is, can we still use the portion of my neighbor's pre-existing driveway since we have an easement from the owner of the land for that exact same location?

 

[seniorjudge]

I own a steap, narrow lot. It is too steap to put a driveway straight up my lot, so the City wanted me to use part of my neighbor's pre-existing driveway directly next to my lot (north of me). My neighbor does not own the 30 feet in front of his property where the front part of his driveway is located (property owned by Mr. A). My neighbor does have the right the put the driveway where he did according to the recorded map of the subdivision (non-exclusive right). City wanted me to get an Easement from Mr. A, the owner of the propertyh. We got a non-exclusive easement from him for the same property where the pre-existing driveway is. My neighbor was initially agreeable to signing a Driveway Maintenance Agreement, but now has changed his mind.

My question is, can we still use the portion of my neighbor's pre-existing driveway since we have an easement from the owner of the land for that exact same location?

If you want to use your neighbor's driveway, then you must have his permission or an easement over it.

 

[Weebee]

We have the recorded Easement--we WILL use the driveway. Thank you for your help.