please help with easement advise!!!!!!!!!!!!!

[jennkhosh]

What is the name of your state? Texas
We bought our home 1.5 years ago, and own the driveway, which we park in. Our neighbor has the right of easement, the right to drive down the driveway to park in their backyard/space. This neighbor's home has been vacant since we moved here, and therefore we have not had to "share" the driveway. Now this very rude and controlling investor has bought it and will not budge on re-drawing the property line so that we don't have to both use the driveway. The reason we would like to end the mutual use of the drive is because it is squeezed between our homes and we have children that play near it, but mostly because we don't use our backyard as a parking lot, so we ultimately can not use the driveway at all. even though we own it!!!! Parking in it, is what we use it for, but obviously if we continue to park there we will be blocking it for the new developer/neighbor to drive down. Does anyone know how long an easement can stay, and if it's legal for me to continue to park there, but move my car when necessary? anything??????????

 

[lizjimbo]

Usually forever

Easements are normally granted in perpituity which essentially means it runs with the land. However long the land lasts the easement lasts. Your only option is to go to the neighbor/developer and ask how much he would charge you to surrender his rights to use the easement. Before you purchase his rights just make sure no one else has a right to the easement.

 

[jennkhosh]

more help w easement please!!!!!!!!!!!!

if i own the driveway, am i allowed to park in it when i need/want to, and move the car if the neighbor needs to drive through? any suggestions.
and.....if there was already a carport and fenceline up at the end of the driveway when we bought this home, and even though this does not block the neighbor from their intended use- which is their parking spot, do i legally have to take it down? it is technically on the easement, yet out of the way of the use of the driveway.
thankyou!

 

[HomeGuru]

if i own the driveway, am i allowed to park in it when i need/want to, and move the car if the neighbor needs to drive through? any suggestions.
and.....if there was already a carport and fenceline up at the end of the driveway when we bought this home, and even though this does not block the neighbor from their intended use- which is their parking spot, do i legally have to take it down? it is technically on the easement, yet out of the way of the use of the driveway.
thankyou!

**A: you need to actually read the easement agreement to get the details.

 

[jennkhosh]

still need more from you, help!!!!

the easement agreement is very very vague.
it was written over 60 years ago and does not outline any specifics except that their is a right of way passage for the neighbor and his heirs and assigns to travel down the easement.
so?thanks so much for your advise.

 

[HomeGuru]

the easement agreement is very very vague.
it was written over 60 years ago and does not outline any specifics except that their is a right of way passage for the neighbor and his heirs and assigns to travel down the easement.
so?thanks so much for your advise.

**A: then have a real estate review it.