EASEMENT ISSUE WITH NEIGHBOR

[najio33]

Quick backstory. I own a house with a "shared" driveway as well as a right of way easement. My neighbor is the dominant easement holder, and my wife and I the servient. In the deeded easement, the language gives my neighbor a right of "ingress, egress and regress" to use my property to get to his. There are no measurements given in the easement language. Long story short, he thinks he should be able to use ALL of my driveway to be able to get to his property, even though that is not necessary. Anyway, he has now decided to pile up snow on his own side of the driveway, and is now parking at the end of the driveway, in the easement, which lies entirely on my property. There is no permission in the deed as far as parking in the easement. Any insight would be appreciated. We are in NY state.

 

[PayrollHRGuy]

That is not a use that is authorized by the wording of the easement you have quoted.

 

[154NH773]

There’s really not enough information to give you a definitive answer, so here’s my opinion; whether he can use your whole driveway may depend upon how long he has done so. It also may depend on other circumstances that only a judge could decide. Without a plat or description there is no clear requirement that he enter his property at the shortest distance. Usually the court’s will determine what is reasonable, and that may not suit you. Remember, an easement grants rights to a dominant owner that can be as strong as actual ownership, so without a concise description it can easily become a court case.
On the face of it the rights don’t allow parking, but again a court may find that conditions warrant it if it is temporary or due to circumstances. Why is he parking there; have you asked him?
I don’t understand your comment about him piling snow on his side of the driveway.
Your recourse is to write a concise description, have a survey done that shows that description, and mutually sign and file that agreement along with your neighbor. If he refuses to sign, you will have to go to court to quiet the title. A warning: it may be expensive and the court may not find in your favor regardless of how strong a case you believe you have.

 

[PGHOA]

Does his parking there block access to your home?
Does the snow block access to your home?
If an emergency vehicle be able to reach your home?

 

[Just Blue]

Does his parking there block access to your home?
Does the snow block access to your home?
If an emergency vehicle be able to reach your home?

OP hasn't bother to come back in 5/6 weeks. Stop posting to old threads.