Can a prescriptive easement for a driveway to a residential single family home be voided if the property becomes a multi-family or a B & B?

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Can a prescriptive easement for a driveway to a residential single family home be voided if the property becomes a multi-family or a B & B?

My neighbor has a prescriptive easement onto my property for a driveway for a single family home that they visit 2 times per year. They are now selling the home as a 2 family residence with the ability to be a great Bed an Breakfast per the listing. This was not the original intention of the easement. Do I have the ability to have the easement terminated because of change of use? This driveway is within 30 inches of my home and less than 8 feet wide, the entire back portion of the easement is wholly on my property. They recently removed a fence giving them access to a public road.

Asked on August 14, 2012 under Real Estate Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A real estate attorney needs to read the easement and know the zoning laws in your area.  Does the easement state that it is for use only if the house remains a one family structure?  How long as the easement been in place?  Are you now stating that the easement is not necessary becuase they now have access via public road?  That may be the best argument. Good luck.


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