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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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We have an right away driveway that runs through our neighbors

Customer Question

We have an right away driveway that runs through our neighbors propertry which are all woods. They ride there atvsthrough the woods then up our riteaway that I pay to keep maintained. The problem is that they keep digging it up and argue with me that its his property and not mine. What can I do or what legal actions can I take to fix this?
Submitted: 5 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 5 years ago.
As the easement owner you have what is called the "dominant" estate and the land over which the easement runs is the "serviant" estate.

The serviant estate owner can use their land over which the easement runs in any way that does not interefere with the easement. The serviant estate owner cannot interfere with the reasonable use of the easement.

If the atv use is interfering with your use, then you can enjoin (stop) that inteference. You can also force the serviant estate owner to contribute to the maintenance of the easement do to their use.

You would have to file a declaratory judgment and injunction action seeking what contribution to maintenance th serviant estate owner must pay and to stop unreasonable use of the easement.

The information is provided for discussion and entertainment purposes only. I believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading, accepting, and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!


I appreciate your "Accepting" my answer if it has been helpful to you. Doing so allows me to continue helping in this manner. I will be available for follow-up questions should you have them after you click "Accept". Thank you.

Customer: replied 5 years ago.
To help me better understand this, let me re-visit the question I had asked. First, driveway access to our property goes through someone else's property. As I understand this, this will make us the 'serviant' estate owner, as we have to use this access through his property to get to ours. The question again (reworded) is: What are our rights with the negligent use of the driveway as access to their ATV's or any other destructive use, in being able to have a safe, maintained driveway? When politely asked about the destructive use involving the ATV's, his response was that quote "They are my nephews and told them that this was all my land and not to worry about it". Again, the driveway goes through his property and there is no other access route. Therefore does this makes him the 'dominant' estate owner?
Expert:  J.Hazelbaker replied 5 years ago.
No. You are the dominant estate. You have the right to protect your use.

He is the serviant estate and must not interfere with your rightful use of the easement.

You can sue him to keep him from interfering and to contribute to maintenance due to his use of the easement.

The court can also address safety issues such as, for example, setting speed limits.
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience: Attorney and small business owner with 10 years experience in the general practice of law.
J.Hazelbaker and 10 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Thanks, XXXXX XXXXX going to resolve years of debate and our minds on what we could do civily. Thanks!
Expert:  J.Hazelbaker replied 5 years ago.
You are very welcome.

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