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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37491
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I own a road and my neighbor has an easement to use it in order

Resolved Question:

I own a road and my neighbor has an easement to use it in order to get to her house. She is conducting a business at her place (horse back riding lessons) and traffic comes in and out on our road. Is this legal on her part?
Submitted: 10 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

It very much depends on the language in the easement itself. Is this a written easement or an oral one? Is the easement personal in nature for ingress/egress or does it include visitors? Does the easement have any language pertaining to commercial activity? Please advise.
Customer: replied 10 months ago.

The easement came with the house when she bought the house . . . so it is written. I remember seeing "ingress/egress" a few years back when fumbling through papers. Sure, they can have visitors . . . but these people using the road are not friends, they are paying her for her services as a riding instructor. No commercial activity written anywhere.

Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your follow-up.

 

What would govern in this instance is the language in the easement itself. Many have express written limitations on use, such as a limitation on using it for commercial purposes. But if such language does not exist, then she is free to use the easement (and by extension grant such use to her 'visitors') as she sees fit. This is why I urge you to try to find that easement and review it for language. If nothing exists, then she is not violating any of the terms in the agreement. But if there are limitations or restrictions, then you could claim she is in violation and demand that she curtail the use of the easement based on the terms in the easement itself.

 

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37491
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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