Paving easement driveway in Ohio

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Paving easement driveway in Ohio

When we purchased our home 10 years ago we got an easement for the driveway area that is not technically on our property. It is a lifetime permanent easement. When we purchased the home the driveway was paved. In 2008 we had a fire and the driveway was crushed. We finally saved enough money to pay the driveway and had it freshly paved this week. The property owner is complaining to neighbors that we put cones up at the end of the driveway when it was freshly paved and he said that we had no right to pave the driveway. As the easement holder to this driveway are we not allowed to pave our entire driveway? This person does not live on the land it is just a small area that we do not technically own where our driveway comes up the hill. Did we do something wrong or do we have the right to pave our own driveway with an easement?

Asked on November 11, 2016 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you did not have the right to pave HIS driveway because it is HIS driveway, not yours. The easement gives you a right to use the property for the easement's purpose--e.g. to travel over it--but it does not give you any other rights or ownership interest. Therefore, you paved another person's property without his permission, which is illegal. Technically, he could require you to remove the pavement and restore it to as it was before you paved it, at your cost.


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