Do my neighbors have the right to change and easement usage to use it as a undeveloped driveway?

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Do my neighbors have the right to change and easement usage to use it as a undeveloped driveway?

I am the grantor of an ingress/egress easement that runs between my house and my neighbors. The easement extends to the street but it does not have a driveway apron (entrance). I purchased my home about 3.5 years ago. My previous neighbor used the easement for rolling their garbage cans to the curb and to bring their lawn mower to the front yard but never accessed their backyard with vehicles. The house sold about 2 months ago. The new owner is a construction contractor. He is now using the backyard for construction equipment storage and his workers are now driving 3 ton trucks inches from my bedrooms between the houses at all hours. It shakes my house.

Asked on November 29, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that you consult with a real estate attorney to review the terms and conditions of the presumed written easement that you are writing about. Under the laws of all states in this country, the written scope of the easement determines how it is to be used.


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