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Driveway Rights/Property access

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SuckaBusta

Junior Member
What is the name of your state? CA

I have an "ingress, egress,and incedental uses easement" across my front neighbors property. I'll call this my "driveway". My side neighbor wants to make arrangements to use my "driveway" to access his property also.

(1) How can I allow him to use my "driveway" to access his property?Easement across my easement? He seems to think this is perfectly legal
(2) If so, I assume I lcan limit his use for the benefit of his property only so he cannot grant further usage to others etc?
(3) How loosely can the term "incedental uses" be interpreted as it applies to an easement. Planting trees? Paving? Fencing?
 


FarmerJ

Senior Member
You dont have the legal right to allow another parcel owner to use land you dont own , if they want to use the same easement they need to go talk to the one who ownes the land it sits on , other wise you risk the land owner getting mad enough to explore what ever legal avenues there may be for them to have the easement over there land ended . about its maintanence IF the easement spells out that you are to maintain it you may do so , if it isnt addressed you dont have the right to change anything on the easement , like paving , adding gravel, with out written consent . As long as your other neighbor has there own drive way and access elsewhere your better off just leaving things be and not allowing them to use the easement . If you really insist on letting this other use it then i suggest you go to the links up top and consult with a atty so you can learn what your RISK are and dont forget to include talking about what can happen if the other party hurts them self if they have to use any part of your own land to get to the easement area and what your risk are for lawsuits over any injury that occurs if part of your lot is used .
 

HomeGuru

Senior Member
SuckaBusta said:
What is the name of your state? CA

I have an "ingress, egress,and incedental uses easement" across my front neighbors property. I'll call this my "driveway". My side neighbor wants to make arrangements to use my "driveway" to access his property also.

(1) How can I allow him to use my "driveway" to access his property?Easement across my easement? He seems to think this is perfectly legal
(2) If so, I assume I lcan limit his use for the benefit of his property only so he cannot grant further usage to others etc?
(3) How loosely can the term "incedental uses" be interpreted as it applies to an easement. Planting trees? Paving? Fencing?
**A: advsie your neighbor to consult wit a real estate attorney. You are in no position to help him as you are not the landowner.
 

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