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Easement road encroachment

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BBrand

New member
What is the name of your state?Georgia

A new home was built in our neighborhood and they poured a thick concrete slab for their driveway way into the 20' common easement for all the homes in the neighborhood. The easement road is on the edge of my property. The majority of the road is gravel, which I sometimes grade with my tractor. The concrete driveway prevents me from grading the road and will damage my tractor. Do they have the right to do this?

Also while building this new house they damaged the remaining road. The heavy cement tricks broke up asphalt we just put down on the common entrance. The heavy trucks left huge ruts in the dirt road, making mowing the grass along the sides difficult. What is the responsibility of the new neighbor to repair the road he damaged?
 
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HRZ

Senior Member
The easement user has right /duty to maintain and repair the easement ....i'm not sure if a total new road is the intent ...but just how have you suffered by over improved roadway.
 

BBrand

New member
It has been messy driving in and out on the dirt road. But a few years ago several of the neighbors paved the common road entrance now the road is broken up. It so high, my car could bottom out. But it wont be long there will be pot holes again.
 

LdiJ

Senior Member
It has been messy driving in and out on the dirt road. But a few years ago several of the neighbors paved the common road entrance now the road is broken up. It so high, my car could bottom out. But it wont be long there will be pot holes again.
Why can't you add some extra gravel at the point where the concrete meets the gravel road, to help insure that no cars will bottom out?
 

BBrand

New member
It is in 2 different areas. The broken up asphalt is also bulged up and could cause the car to bottom out. Further down the road maybe 1/4 mile is where the concrete driveway comes into the road and onto my property.
 

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