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Easement


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#1 MMILLER1982

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Posted 30 October 2012 - 10:55 AM

When we bought our house in 2009 there was a Shared Easement Agreement that read "us and our neighbor, and their heirs and assigns, shall continue to have the right to shared use of the driveway as a means of unobstructed ingress, egress and regress to and from their respective properties and State Route XX." We own the shared driveway and had no problem letting the neighbors use it. Since then the neighbor, Donald, divided his property into two pieces: one containing the house (which he recently sold to another couple) and the other is just a small lot, which he sold to his friend Bill. The property he sold to Bill contains a 20 foot wide right of way, which borders our driveway. Since Donald give Bill a 20 foot right of way does Bill also have the right to use our Shared Driveway? I don't understand why he would need to use 2 driveways to access his property.

I recently had a run in with Bill when he decided to block the end of our driveway with a dump truck for a period of time and then told me he had a right of way to our driveway and could do whatever he wanted to on it including dumping a load of slate if he decided to.

#2 pg1067

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Posted 30 October 2012 - 12:28 PM

Time to call a local real estate attorney. This is going to require a review of the relevant deeds as well as knowing what state you're in.

#3 MMILLER1982

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Posted 30 October 2012 - 01:17 PM

We're located in Pennsylvania. I contacted an attorney, but thought somebody may have gone through a similiar situation.

#4 Guest_FindLaw_Amir_*

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Posted 30 October 2012 - 01:18 PM

To learn more about this subject matter, you may visit the Real Estate Law Center: Land Use Laws and read Easements as a good resource.




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