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Easements

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hfreemanharris

Junior Member
Oregon.

How far does my neighbors easement rights extend to other people? He has an easement across the back 15 feet of what is now my back yard but he has a paved street that goes to his driveway. He wants to let his grown son, daughter-in-law, grandkids, and perhaps more drive or walk on the easement. He also refuses to close the gate. I don't know these visitors and we have had complete strangers drive on the property unrelated to the neighbor. Can I ask for pictures of his visitors? Must he accompany all of his visitors?
 


154NH773

Senior Member
His rights depend to a certain extent on the wording of the easement. A court would also look at the reasonable use of the easement and the burden on the servient tenant (you).
From your description, he would seem to have the right to use the easement as he is. The fact that he has other access is of no consequence.
An easement is essentially a grant of rights to use a piece of property as if it was your own, even though someone else actually owns it.
You have no right to block the easement or put any restrictions (pictures of visitors, etc.) on the dominant tenant (your neighbor).
 
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HuAi

Member
An easement is essentially a grant of rights to use a piece of property as if it was your own, even though someone else actually owns it.
You have no right to block the easement or put any restrictions (pictures of visitors, etc.) on the dominant tenant (your neighbor).
An easement only allows him to do what the grant specifies, nothing more nothing less. He can't use the land as his own. The neighbor's rights to the easement as well as what kind of permission he can pass along to others should be specified in the grant.
 

154NH773

Senior Member
The neighbor's rights to the easement as well as what kind of permission he can pass along to others should be specified in the grant.
The problem usually is that there is little specified in an easement grant, in which case;
His rights depend to a certain extent on the wording of the easement. A court would also look at the reasonable use of the easement and the burden on the servient tenant (you).
As I said; an easement is ESSENTIALLY a right to use property as your own. Of course that means within the limits of the granted rights, or the reasonable use. Without further reading of the actual grant, it would seem that he is using the easement reasonably; and your proposed restrictions would be unreasonable.
 
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drewguy

Member
Oregon.

How far does my neighbors easement rights extend to other people? He has an easement across the back 15 feet of what is now my back yard but he has a paved street that goes to his driveway. He wants to let his grown son, daughter-in-law, grandkids, and perhaps more drive or walk on the easement. He also refuses to close the gate. I don't know these visitors and we have had complete strangers drive on the property unrelated to the neighbor. Can I ask for pictures of his visitors? Must he accompany all of his visitors?
It sounds like these people *are* related to him. Are they guests? I very much doubt that a court would find it unreasonable use of an easement to allow guests, especially relatives, to drive over it.

As for the gate, make it automated and give him a remote/opener.
 

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