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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 85790
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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A neighbors prescriptive driveway easement location is resulting

Customer Question

A neighbors prescriptive driveway easement location is resulting in damages to my land & property. Can I regrade this area to prevent further property damages or midigate damages to my property? The old easement runs through a natural seasonal drainage basin collecting water & redistributing it onto my gravel roadbed causing yearly road repairs,excessive erosion,road damages,rutting,fence & gate damages. If I do not interfere with this easement,can I repair this area & regrade it to prevent or midigate further property damage?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You have a right to repair or maintain your property where the easement is located as long as you do not permanently impair the use of the easement. If the easement is impaired temporarily for repairs, this is permissible. You can make your repairs to the easement to protect your property and improve the easement as well and it is acceptable legally and you should provide written notice to your dominant estate owner (easement holder) that repairs are taking place and the approximate time it will take to make the repairs.



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