What are our rights if we, along with some neighbors, live on a private road but are the only ones to buy the gravel and maintain it?

There are some people that own property farther back behind us that own property but never have contributed to the maintinance of the road but they are giving permission for friends to go to their property. Can we stop people from going on the road that we built and maintain?

Asked on September 25, 2012 under Real Estate Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless there is some recorded association agreement or some covenants, conditions & restrictions with respect to the presumed easement pertaining to the road that you are writing about as to repairs and maintenance by other property owners along its course, you cannot stop people from using it assuming they have the right to use it.

I suggest that you consult with a real estate attorney about your matter and pull a preliminary report on your property so as to look into the presumed easement that you are writing about as to duties and obligations of others to maintain and repair the roadway. 

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