What do I do if my neighbor is abusing an easement?
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What do I do if my neighbor is abusing an easement?
I own a driveway and there is an easement for access to this driveway for the neighbors on either side of me. The one neighbor insists on entering the driveway from the South End Street, driving to the North End Street, performing a U-turn, then re-entering the driveway, driving back halfway towards the South End street to park on her parking pad. We have asked several times not to do this and she insists on doing it, what are my options? In addition, she refuses to assist in payments for maintenance of this driveway (new stone, snow removal).
Asked on December 29, 2011 under Real Estate Law, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The first thing needed to do is carefully read the easement that you are writing about with respect to the scope of its use to determine whether or not this particular neighbor is in violation of the easement's terms as written. If so, then perhaps consultation with a real estate attorney for a letter to be written to her about the use of the easement and the need to pay for its maintenance.
As to maintenance of the easement, under common law, the owner of the easement has the duty and obligation to maintain and repair the easement absent any contradictory terms in the written easement.
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