What are our rights if we have a driveway easement that runs through property for the people that live on the land behind our house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are our rights if we have a driveway easement that runs through property for the people that live on the land behind our house?
A contract of agreement was signed granting them access to the easement on the condition it’s their responsibility to maintain the up keep. When the easement was first created this easement was the only access to their land. They now have another entrance to their land from an additional piece of land they purchased. They still use the original driveway we granted to them that runs through my property for commercial business use as well as residential. There are 2 businesses that exist on their property that use the original driveway. They do not maintain the driveway, it has large holes in it and brush is heavily grow
Asked on August 16, 2015 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If they are in breach of a contract, you could sue them for that breach. If the contract is the only thing giving them access to the driveway, you could potentially treat the contract as terminated (over) due to their material (important) breach of their obligations. Alternately, you could sue them for the cost of the necessary repairs and maintenance, which is also your option if they are in breach of their contract but at the same time, are granted access to the driveway by something other than the contract, such as a separate easement.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.