Property easement by necessity - access of driveway to neighbor?
Question:My driveway is routinely damaged by tenants of my neighbor who have an easement to their own property. Extremely expensive stones are routinely damaged by reckless driving of evasive tenants and their guests in addition to damage to the wall. Can easement be removed because cannot monitor neighbors/their guests 24x7 ? (and their reckless damage of my property) I frankly dont have the ability to monitor the neighbors and start pulling them in court one by one, around the clock, year round. Please, no "unfortunately" answers - that is rather obvious.
Answers:
you don't take the tenants tocourt take the Owners. I am sure he will get tired of it if you do it enough. No, Easement can not be taken back!
Uh...you don't want "unfortunately" answers?
Even if they're true?
Uh...if you can't monitor them, you can't even pin the blame on them. Yeah, you and I and everybody else knows it's them. But unless you have some proof, it could be garden gnomes for all you know. Circumstancial evidence isn't worth squat.
As far as easements...depends on how long the easement's been there. Personally, I bought personal title insurance so if my neighbor wants to remove an easement (we share a sidewalk dip that goes to our individual parking spaces, though not property, exactly), the title company will go to bat for me and say that the parking spot was there before I bought the house and they can't go removing the easement now that I've bought it. To some extent, if it's been there for a long time (what constitutes a "long time" or "long enough" might vary by region/municipality), you're stuck with it. As long as neither of you sells the house, you can't really renegotiate it. They're only using part of your property for access, but unless they, say, build a storage shed on the easement, you can't really keep them from using what they've traditionally used.
If you don't want "unfortunately" answers, please include a disclaimer in your question that you don't want people to tell you the truth!
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