Is a private driveway or abandoned trail an "existing roadway"?

[Aranya]

What is the name of your state (only U.S. law)? California

I live at the end of a dead-end private road, and my neighbor is demanding the combination for the lock at the gate of my driveway so that he can walk on my moderately long driveway and some old, abandoned trails on my property.

Everyone on my street has "an easement for ingress and egress over all the existing roadways and all of the future roadways to be constructed."

The street itself is paved and ends before my property. There is a rocked road for a couple hundred feet and at the end of that, the gate to my property.

So my question is whether the "existing roadway" refers to the street that we all live on or if it includes the driveways, trails, and paths on our properties. I can't imagine demanding the codes to the gates of my neighbors or insisting that I be allowed to walk around on their properties. Is this what the easement includes?

 

[adjusterjack]

No, your driveway is not an "existing roadway." It's ON your property and nobody needs to use it to get to THEIR property.

Tell him "no" and stop talking to him about it.

His "demand" is hot air.

 

[justalayman]

Are you the servient tenant of any easement? If so, is any of your drive or these trails discussed part of any of the easement where you are the servient tenant?

 

[Aranya]

My property has the following easement (as does everyone else on the road): "An easement for ingress and egress over all the existing roadways and all of the future roadways to be constructed."

There is nothing else said about it.

The easement was clearly intended to give access to our private, shared road. However, my neighbor is saying that my driveway and a trail on my property (which he imagines is there) is also part of the existing "roadway." Apparently he walked on this trail perhaps 17 years ago; however, it no longer exists for all intents and purposes, having grown over with time.

 

[Zigner]

My property has the following easement (as does everyone else on the road): "An easement for ingress and egress over all the existing roadways and all of the future roadways to be constructed."

There is nothing else said about it.

The easement was clearly intended to give access to our private, shared road. However, my neighbor is saying that my driveway and a trail on my property (which he imagines is there) is also part of the existing "roadway." Apparently he walked on this trail perhaps 17 years ago; however, it no longer exists for all intents and purposes, having grown over with time.

I don't think it's quite as cut and dry as adjusterjack makes it out to be. Your situation is unique and I suspect you're going to want to have all the facts reviewed by a local attorney.

 

[Aranya]

Is the wording of the easement unusual for a shared, private road? There must be many people who share a road but are still able to put a gate at the beginning of their driveway and not have neighbors walking their property if they don't want.

 

[adjusterjack]

My property has the following easement (as does everyone else on the road): "An easement for ingress and egress over all the existing roadways and all of the future roadways to be constructed."

There is nothing else said about it.

The easement was clearly intended to give access to our private, shared road.

Frankly, I agree with you.

But, as Zigner says, nothing is ever 100% "cut and dried" when it comes to law.

Your solution lies in your ability to face down your neighbor and just refuse to deal with him.

If you want to spend some money on a lawyer, that's certainly your prerogative but, if it was me, I would tell him no and keep telling him no without getting into any discussion about it.

 

[Aranya]

Yes, let him hire a lawyer and prove that my driveway is an "existing roadway" and that he should be able to use it as part of his walk. I'm sure none of the other neighbors, many of whom have gates themselves, want their driveways to be part of his stroll.

 

[justalayman]

Is there a plat map for your area or what sounds like maybe a small subdivision? If so, get it. It will show designated and future roads. If a road runs across your property then you’ll be hard pressed to deny access.

The fact here is any mention of an easement against your land suggest there is an easement across your land.

 

[Aranya]

Yes, there is a plot map but there is no road crossing my property on the map.

However, on the other side of a creek, there is a private road that crosses my property (although it is not on the map). That road is mentioned separately in the legal description of the property. It says, "A right of way over that certain road leading to..."

I have no problem with neighbors crossing my property on that road. It is occasionally used for hiking or jogging.

What is the difference between a "right of way" and "easement for ingress and egress over all the existing roadways"?

 

[Mass_Shyster]

I live at the end of a dead-end private road, and my neighbor is demanding the combination for the lock at the gate of my driveway so that he can walk on my moderately long driveway and some old, abandoned trails on my property.

Tell him you'll give him the combination as soon as the judge orders you to.

 

[Aranya]

That's a good one!

 

[justalayman]

It wouldn’t hurt to have a real estate attorney review this stuff to be certain but from what you’ve described I’m with the others.

 

[adjusterjack]

What is the difference between a "right of way" and "easement for ingress and egress over all the existing roadways"?

My guess is that "right of way" gives greater access than just for ingress and egress.

 

[154NH773]

Generally "ingress and egress" just means you can use the road to get to YOUR property and back from YOUR property to the main road. As there is no road, or future road, shown on the subdivision plat, I think you are well within your rights to deny access to your neighbor. Even if your driveway was depicted as a road or future road, the neighbor has no right to use it because it doesn't provide "ingress or egress" to HIS property.