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Roger, Lawyer
Category: Real Estate Law
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I have an easement on my property that states it is for ingress

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I have an easement on my property that states it is for ingress egress driveway and utilities. That is it. The dominent tenement would be landlocked if not for this easement. We are in a dispute with the dominent tenement, and their lawyer said the word driveway means they are entitled to park, turnaround, store trashcans, etc. They have a driveway 83 feet in length once our drivewy takes them to their property line. Our attorney said that is not true, and I say that an easement must be specific and if it does not say parking, a court will not interpret more than is actually stated., which is the right to come and go. What say you. I live in CA
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.

An easement's application is limited to its intended use, which is outlined in the easement document. Thus, if your easement document says it is for ingress and egress (and for utilities), then that means the easement area is to be used as a driveway and NOT a parking lot.

In fact, parking along the easement could make using the easement impossible if the driveway is blocked. Thus, a judge is not likely to expand the use of the written intent for the easement. So, I would think your attorney's literal interpretation of the easement is correct.
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