Ingress and Egress rights

[Momma352]

What is the name of your state? Florida

So, we own the front portion of the property (a little over an acre) that has road access. We have granted a driveway easement to our neighbors (formerly family members who have since had to sell) for ingress and egress, in order for them to access their property directly behind us (rural area).

The general warranty deed only states, "an easement for ingress and egress is hereby reserved by Grantor and his heirs and assigns over and across the east 40 feet thereof."
**(By the way, I'm not sure why that reads 40 feet?? Is that a 40 ft wide entrance? Our drive way is approx only 15 feet wide?? So what does that mean for the other 25 ft?? Do they have any kind of legal access to that whole 40 ft? Or only the 15 ft driveway?? And then it doesn't mention the 200 feet of our driveway they have to use to access their property. So, is the 200 ft just to be understood, although not stated?)

Anyway, our neighbors are using our driveway for their trash pick up (which is fine and maybe they are even entitled to do so, idk) but then leaving their garbage can on our driveway (but next to the road- on county easement?) for days after. We've had to move their can a few times in order to pull in or out of OUR driveway (albeit not their fault where garbage guys place the emptied can). They have even left garbage actually sitting on our property until the next garbage pick up day since the trash company didn't take it the first time. Which I'm not sure why anyone would think that's ok!?!

I would like to properly (and politely. I def. dont want to cause an unnecessary problem with our neighbors) address the situation but I first need to know what my rights are as the property owner of the driveway. To be honest, I dont even know how county easements work (which I believe our plans show 25 ft of easement off the road.?.). I have been told that county easements can be used by anyone (I'm not really sure how true that is) which is maybe why they think they can just leave their trash there as long as they like, but it's the easement in front of My property and My driveway - which my neighbor only has ingress and egress rights to.

Do you know how ingress and egress easement legally applies in a situation like this since there is no detailed description of the driveway use? I have searched the web and it seems that the laws tend to vary from state to state. But from what I've read, it's more often in the favor of the property owner - that ingress and egress gives the easement owners legal right to "only" cross over the servient property for entrance and exit - nothing more.

As I said, I just want to make sure before I ask them to move their garbage can off my driveway (after garbage pickup) that they actually don't have the right to have it there for days - since it may be sitting on county easement. So any information that would guide me in the right direction would be greatly appreciated!

Thanks in advance!

 

[adjusterjack]

Easements are complicated. You apparently granted one without a clue as to what you were doing, and likely without a lawyer. Now you need a lawyer to review the entire document and advise you of your options.

 

[Momma352]

Easements are complicated. You apparently granted one without a clue as to what you were doing, and likely without a lawyer. Now you need a lawyer to review the entire document and advise you of your options.

Sadly yes! We bought and split the property with family and built, so we never thought about this becoming an issue. Unfortunately, due to unforeseen circumstances, they had to sell leaving us with new neighbors and no clue as to what our rights and/or responsibilities are ‍

 

[adjusterjack]

Then, unfortunately, you do need a lawyer now, before approaching the neighbor about how he can or cannot use the easement.

 

[not2cleverRed]

I will only comment about the issue of trash put out days early, as that is unrelated to the easement issue.

It is possible that in your municipal code that there is something that addresses this. I know where I am, we are not supposed to put it out until the day of, but I also know that in my part of town it's not enforced very well. Still, making a complaint to code enforcement about trash being put out days early is a legal option. Perhaps a less passive aggressive way would be to address the issue directly with them.

 

[Momma352]

Thank you! It's something to look into, although I agree more with your suggestion to address the issue directly. That is the plan, but I just want to be sure I have the "right" to ask them to remove it. We've had a (polite) text exchange asking them about the trash can left in our yard for days. We've even moved their can back down to the beginning of their property before. So they obviously know it's something we don't like; which leaves me to wonder if they think they have the "right" to do so. So I just want to be sure I have my facts straight and not create any unnecessary tension with our neighbors. It just seems crazy to me that we bought and pay for our property, yet have to seek legal counsel just to see if we can ask someone, who has ingress and egress rights, to remove their trash from our driveway. Makes no sense! Thank you again for the suggestion!

 

[HighwayMan]

It just seems crazy to me that we bought and pay for our property, yet have to seek legal counsel just to see if we can ask someone...

I realize that the other property was owned by a family member when this process was initiated, but you wouldn't have had this issue now if you had an attorney deal with it from the start. You should have assumed that at some point your relative would be leaving.

The fact that you don't even understand your own wording indicates that you definitely need legal help now.

 

[Momma352]

Thanks highwayman! Yes, I realize now that we should have at least assumed someone would move, but unfortunately we didn't and now here we are. This is the first time ever buying property and ever building a home so there are many things, looking back, that we should have done differently. Live and learn, right! And yes, as adjustjack pointed out, we obviously granted an easement without a clue as to what we were doing, or heck, even what exactly one was. I understood an easement as being the legal right for our neighbor to only enter and exit their property by use of our driveway. That, of course, I had no problem with! I honestly dont even remember the word easement coming up until they sold and we had new neighbors. All we knew was that our family members would be using our driveway -- no biggie! Yep, well ignorance will get you everytime, right? So yes, the fact that I dont understand my own wording, as you graciously pointed out, is the reason why I'm asking for advice in the first place - for someone to explain to me what I may not understand

 

[154NH773]

The easement that was granted to the property in back is 40 foot wide and runs the entire length of the east side of your property from the road to the rear property. The owner of that property has the right to use any part of that easement and you may not block their use. They are allowed to access their property, and that generally means they can use it for normal activities necessary to use their property. In some states it also implies the right to use it for utilities (not sure about FL).

Unless the easement gives them exclusive rights, you may also use the easement (driveway), but can’t interfere with their rights.

As far as the County easement, that is something you will have to ask them. You may remove garbage cans blocking your access, but otherwise I’d leave them alone and deal through the county (maybe the Health Dept).

 

[FarmerJ]

You call it a county easement, where I live my county has ordinances that say that things like buildings have to be at lease 75 feet back from the edge of the township road, ( its a lot more if its a county road) and 50 ft from property lines with adjacent properties that are owned by others. SO that county easement as you called it most likely is not for every one else to use as they see fit, it is your county that may use it , say for like sidewalks, gravel bike and walking paths, changes to drainage such as connecting one drainage ditch to another via culvert under the road . NOW if your curious, then ask your county if they have any ordinances that address garbage cans being left out near the public road and garbage being left out with out a container long enough to be a attractive nuisance to bears, raccoons and other animals .

 

[154NH773]

You call it a county easement, where I live my county has ordinances that say that things like buildings have to be at lease 75 feet back from the edge...

In your case that would be considered a “setback” restriction. Many towns have easements, implied easements, or actual ownership of land a designated distance from the roadway centerline. The actual use permitted would be up to the easement owner (town, county, or state), so the OP would have to check with them whether garbage cans are allowed, and whose cans may go where. As you said, there may be a host of other laws or ordinances that may also apply. As I said, I wouldn’t touch their cans unless I was pretty sure of my rights to do so.