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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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