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Ely
Ely, Counselor at Law
Category: Legal
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My neighbor and myself own a private road. He owns half and

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My neighbor and myself own a private road. He owns half and I own the other half of the road. We both have an easement with each other to drive on this road, leading to our respective driveways. Another neighbor next to him wants us to give him an easement to give him an easier route to his property. We get along with the other neighbor, but i am apprehensive about giving him this easement. The two neighbors are also buddies if this helps at all.
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

You are under not obligation to give him an easement on your part of the road. Your neighbor can, but you do not have to. There is no law that says you must simply for convenience's sake. If he had no other way, he would be entitled to an easement by necessity. Otherwise, you simply can say "no." They cannot make you.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction! Really! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Customer: replied 3 years ago.
What would be the risks if I did grant him a third party easement? Would we be at risk for anything?
Expert:  Ely replied 3 years ago.
Risk in terms of liability? Little. I mean, I do not see anyone being hurt on the road. Also, the holder of the easement is responsible for proper maintenance of what he puts on the easement to facilitate his use of the easement, i.e. he should be responsible for at least half the maintenance (or more, if he agrees to it in writing - but make sure that even if half, to get it in writing). Yates v. METROPOLITAN GOV., NASHVILLE & DAVIDSON CTY., 451 SW 2d 437 - Tenn: Court of Appeals, Middle Section 1969.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction! Really! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Customer: replied 3 years ago.
Ok, thanks for the answer. Oh, if we grant the third party easement is it just him with the easement or can he grant his friends, etc,. permission to take this shortcut to his house. We all have farms.
Expert:  Ely replied 3 years ago.
No, generally not and just in case, you can specifically restrict him to lease his easement to anyone else in writing, and also record that you retain the right to withdraw this easement at any time.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction! Really! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.