Who actually owns the driveway in the following scenario?

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Who actually owns the driveway in the following scenario?

I have paid for and built a concrete
driveway on my neighbors land for
which I have a permanent easement to
build a driveway for access to my
property. In the state of Tennessee who
technically owns the driveway itself?

Asked on August 27, 2018 under Real Estate Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The  owner of the neighboring property owns the driveway. However, as the easment holder, you have rights, and possibly responsibilities, as well. The easement document will control just what they are.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An easement is a property right that gives its holder (you) an interest in land owned by another (your neighbor).  So your neighbor owns the driveway.  It does not mean that you do not have the obligation to maintain it.  How the easement is written matters.  Take the documents to an attorney to review.  Good luck.


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