Can I stop thru-traffic along a shared driveway?
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Can I stop thru-traffic along a shared driveway?
I own a rural isolated property in Mississippi
and have deeded easement to access it. The
surrounding landowner has a deer camp which he
accesses by driving through my isolated
portion. There is pasture surrounding me on his
land so he can access the camp from multiple
angles not through my property, but he chooses
to use my maintained portion without
contribution to upkeep. How can I legally stop
this additional traffic?
Asked on December 2, 2018 under Real Estate Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you only have an easement to access the driveway, that is nothing more than the ability to use or drive over, etc. the driveway; it is not ownership of it. Not owning it, you have no right to stop anyone else whom the property owner (the surrounding homeowner) lawfully allows to use it.
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