If we gave an easement for a driveway, what can we do if the neighbors are using the easement for commercial use plus riding 4 wheelers and dirt bikes down it?

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If we gave an easement for a driveway, what can we do if the neighbors are using the easement for commercial use plus riding 4 wheelers and dirt bikes down it?

Asked on December 28, 2018 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You probably can't do anything unless:
1) The terms of the easement include limitations on its use (e.g. no commercial vehicles or vehicles over a certain weight); or 
2) Their use is restricting your own use of the driveway (e.g. large commercial vehicles or trailers for ATVs, etc. are blocking your ingress/egress), since they may not do that.
In the above cases, you could get a court order restricting them from their violations. But if the easement is essentially unlimited by its terms and they are no blocking you, they can use it for whatever vehicles they want.


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