Easement availability

My husband’s cousin was given right of way to use his
driveway. Nothing is written form. His cousin moved away
but left his son to live there. Now he has given permission
for another tenant to move mobile home on his father’s
property but using my husband drive way. What can we do to
stop this because they do not keep road up and it has all
washed out. Only trucks can get to cousins property because
of damage to driveway. Thank you for advice.

Asked on May 8, 2016 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Is it an easement or was it just a "license" (permission) to use?
If it was an easement, it will be on your deed/title and/or there will be a court order creating it. If it is an easement, it's linked to the property, not the person, so anyone living in the adjacent or nearby property which benefited from the easement can use it--it doesn't matter if the person who had been using/benefitting from it moves away.
BUT if it was not an easement--not on the deed/title; not from a court order--but was just permission given orally by a property owner, that permission, or license, can be rescinded at any time; i.e. the property can owner can just say (though better to put it into writing, and preferably sent some way or ways that delivery can be proven) that "I am withdrawing permission to use my driveway." After that, if the other people try to use the driveway, they are trespassing and the police can be called.


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