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Driveway Easement

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jimmler

Member
What is the name of your state? Maryland

My parents bought a parcel of property with an easment over anothers property for access to the public road. They built a house on their property, and a stone driveway in the easement.

At the time they built, the property they had an easement over was unimproved.
The owner of said property later built a house, and uses the driveway my parents built to access his property.

My parents have had constant problems with the neighbor regarding the driveway. He gets bent out of shape anytime my parents clear snow off of the driveway, and when my parents add more stone to the driveway. He has prevented members of my family from accessing the driveway by blocking the driveway with a tractor, while claiming to be "working" on the driveway.

What rights do my parents have to maintain the driveway, if any? Do they just have to rely on the neighbor to clear snow and make their property accessible? If the neighbor scrapes the stone that my parents paid for off of the driveway, do they have any recourse? Does the neighbor have the automatic right to use the driveway because it is on his property?
 


HomeGuru

Senior Member
jimmler said:
What is the name of your state? Maryland

My parents bought a parcel of property with an easment over anothers property for access to the public road. They built a house on their property, and a stone driveway in the easement.

At the time they built, the property they had an easement over was unimproved.
The owner of said property later built a house, and uses the driveway my parents built to access his property.

My parents have had constant problems with the neighbor regarding the driveway. He gets bent out of shape anytime my parents clear snow off of the driveway, and when my parents add more stone to the driveway. He has prevented members of my family from accessing the driveway by blocking the driveway with a tractor, while claiming to be "working" on the driveway.

What rights do my parents have to maintain the driveway, if any? Do they just have to rely on the neighbor to clear snow and make their property accessible? If the neighbor scrapes the stone that my parents paid for off of the driveway, do they have any recourse? Does the neighbor have the automatic right to use the driveway because it is on his property?

**A: review the easement agreement and talk to a real estate attorney.
 

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