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Barrister
Barrister, Lawyer
Category: Real Estate Law
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Experience:  14 years real estate, Realtor. Landlord 24+ years
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I have a plot of land in which are is adjacent to a neighbor

Customer Question

I have a plot of land in which are is adjacent to a neighbor that says use in common, They have a drive way acrossed it to enable them to access their garage. Still there is a lot of grass in this area and I wanted to know if I can keep them off that area and only allow them to enter to their garage
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Who is the actual legal owner of the land?
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Does the neighbor have an easement to cross the land and use it for a driveway?
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Thanks
Barrister
Customer: replied 1 year ago.

I am the actual owner, and pay the taxes. The plot papers do not show an easement but shows the entire area as use in common. They have a driveway through to their garage, They have even added additional driveway without my permission and still park on the grassy area as well.

Expert:  Barrister replied 1 year ago.
Ok, use in common land is land that is owned by one person where other people have certain rights to use it in specified ways, very similar to an easement. This is a property right that originated in England and Europe and isn't very common in the US.
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What they could use it for would depend on what the specific designated use was. If it is limited to them using it for driveway purposes to access their property, then they wouldn't be able to actually park on any area that wasn't their driveway. But if their rights extend to using the entire area, then they could legally park on it.
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This will boil down to what the actual grant of property rights states in it. I have never seen a deed that just says "common use land" and that is it. It would have to have some kind of designation of what it can be used for, who can use it, etc. If this isn't in your deed, then it might be in the neighbors or recorded in the land records office in a separate easement book.
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So this is going to require you to do a little more research to determine what the neighbor can and can't do on the land. But my instinct is that this is likely an ingress egress easement type situation where they have the right to use the land only to come and go, but not to park or dwell on.
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If I am right, then you could have a local attorney send them a "cease and desist" letter informing them that their use was liimited to entering and leaving the property and that they couldn't park on it for any period of time.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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Customer: replied 1 year ago.

Thank you, XXXXX XXXXX have to look at a more official plot than what I have as you have stated, my last question is about the addition perminate driveway they added, since a drive way was already provided originally with the building of the home, hence giving them the right of access. Can I require them to remove the drive that is part of my property? Thanks again !!

Expert:  Barrister replied 1 year ago.
Can I require them to remove the drive that is part of my property?
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If it is as I suspect, and they just have an ingress/egress easement, then they would only be able to use the existing driveway, not add to it. So if there was only a certain area that was used for a driveway, they couldn't then expand that use to take up more of your land. If that were the case, then the could blacktop the entire area and effectively deprive you of your property.
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So yes, if they just have an ingress easement, then you could legally force them to remove any additional driveway that they added because they would have had the right to use what was there, but not expand it.
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Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 24534
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

My plot says 30 foot easement for egress and ingress for lots 7,8 & 9. Of the 30 feet lot 8 has 15 feet ownership and lot 7 has 15 feet. Lot 9 which is my problem has no ownership. So based on your previous response, they cannot park or expand the existing driveway to their lot???

Expert:  Barrister replied 1 year ago.
Yes, that is correct. It is as I thought and they only have the right to cross over the land to enter and leave their property. They don't have the right to add driveway or park on your land, only cross over it.
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So at this point, you can notify them in writing, either from you or an attorney, that they have to remove any extension of the driveway that is on your property that they added. They are also prohibited from parking there.
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If they ignore you, then you would have to file a formal lawsuit against them for ejectment and trespass to property. Assuming you win, you can hold them liable for the cost of removing any extra driveway they have added and any other damages to the land.
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Thanks
Barrister
Customer: replied 1 year ago.

Thank you, you have been a blessing!!!

Expert:  Barrister replied 1 year ago.
You are very welcome. Glad I could help.
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Thanks
Barrister

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