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Non-exclusive easement of right-a-way

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kosterberg

Junior Member
What is the name of your state? MN

We purchased our home just over 4 years ago and with the sale of the house, the previous owners had to work out an easement agreement with the neighbor that owns the land that the driveway is on. Our Warantee Deed's legal description states that we have 'A perpetual non-exclusive right-of-way easement 30 feet in width.....". Our problem is that there is another neighbor that in the past had used this same driveway as a second driveway to their house and continued to do so even after we moved in. Our driveway is used by this neighbor as a convience to them and it is not their only access to their property.....they also do not hold an easement to this driveway as we do. We have asked this neighbor to stop using it because of the wear and tear but they continue to use it. We want to know what our rights are to get this neighbor to stop. Also, as a side note....are we responsible for the up-keep of this driveway or is the property owner?
 


lwpat

Senior Member
If it is your driveway, you are responsible for the upkeep. You have a non-exclusive easement. You have no right to keep them from using it, only the actual property owner can do that.
 

kosterberg

Junior Member
We have to do the up-keep but we can't keep others off? How is that fair? It is a gravel driveway so there is wear and tear on it everytime they use it......especially when they plow snow over it.
 

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