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Driveway/Easement laws

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gina.robbins

Junior Member
What is the name of your state? NC

My father recently gave my husband and I 2.5 acres of land. He gave my sister the same amount several years ago. Our land is behind my father's, and hers is behind ours. We all use the same initial driveway. My sister's and our driveway branches off from my parent's and runs through their land until it reaches our land. There is probably 150 feet or so of the driveway on our land, and we use about 20 feet of it. The remaining 130 feet of the drive on our land is used by my sister. We all have an easement to use to driveway that runs through my father's land and I know she has an easement to use the driveway through what was once my father's land (but is ours now). Now that that land belongs to us will she have to get a new easement? Also, who is responsible for the upkeep of that portion of the driveway (mowing, gravels, etc)? Since we do not use it I would think she would be responsible. Please help!
 


HuAi

Member
The easement goes with the land not with the owner. The owner of the back lot (your sister in this case) will have that easement forever. If there is a written easement it should spell out rights and maintenance responsibilities. If there isn't a written easement, I suggest you all sit down with an atty and write one up now. When your sister sells her land to a stranger and he wants you to pay for "his" driveway it will be a much less pleasant discussion.
 

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