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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have granted an ingress/easement to my neighbors. They had

Customer Question

I have granted an ingress/easement to my neighbors. They had illegally and knowingly expanded their concrete driveway onto my property before I bought the property. I was not disclosed this when I bought the property. Since it is only an ingress/egress easement, do I have the right to remove their concrete and put down compacted gravel? The language in the agreement says that if I damage their driveway (the part in the easement) when I remove some other concrete (not part of the easement), then I must repair their driveway. The agreement does not say anything about maintenance. Also, the concrete driveway on the easement is already in bad shape. If the grantee tries to repave the easement in the future, can I stop them and put compacted gravel down since I am the owner?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Loren replied 11 months ago.

Good day. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 11 months ago.

Does the easement cover the expanded driveway or does the driveway encroach beyond the easement area? Did you have title insurance at closing with a current survey?

Customer: replied 11 months ago.
The easement covers the expanded driveway. I had title insurance, but no current survey. I called the Title Company, but they denied me any help.
Customer: replied 11 months ago.
The grantee added more concrete past the driveway. I have the right to remove it since it is not part of the easement.
Expert:  Loren replied 11 months ago.

If the easement covers the expanded driveway then they are entitled to the protection granted int he easement. Do not just start tearing out the concrete. The best thing to do is to file suit for abuse/breach of the easement and trespass.

Customer: replied 11 months ago.
I can't remove their concrete and put gravel down since it is only an ingress and egress easement. I did file suit and was granted money from their homeowner's insurance. There was no easement before the suit.
Expert:  Loren replied 11 months ago.

You could be exposing yourself to liability if you start tearing out the concrete without their permission and while an easement is in effect.

Expert:  Loren replied 11 months ago.

That is why I suggest you get their consent if you can or a court order if you cannot.

Expert:  Loren replied 11 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 11 months ago.
Can I put gravel down on the easement when they try to repave the driveway?
Customer: replied 11 months ago.
They won't consent to me removing their concrete. They have harassed me to the point that I haven't lived in my house for over a year. They showed up at my work and tried to get me fired, put cameras up in my windows, entered my backyard without my permission, harassed my contractors, etc.
Expert:  Loren replied 11 months ago.

You can do what ever you want in any area not covered in the easement agreement. When they repave go ahead and put in gravel on your property.

Customer: replied 11 months ago.
NO - I want to put gravel on the easement when they try to repave. Can I? This was my original question.
Customer: replied 11 months ago.
It is an INGRESS EGRESS EASEMENT TOO. DIFFERENT RULES.
Expert:  Loren replied 11 months ago.

I said you can put down gravel when they repave so long as it is in the area outside of their easement. Why are you yelling?

Customer: replied 11 months ago.
You are not answering my question! The law says that I can put down gravel on the easement as long as I don't block their ingress and egress rights. Is this correct?
Expert:  Loren replied 11 months ago.

Yes, that is correct, unless your easement has the right to pave in its terms.

Customer: replied 11 months ago.
But I can't remove their concrete now and put down gravel?
Expert:  Loren replied 11 months ago.

No, you cannot destroy their property.

Expert:  Loren replied 11 months ago.

You could be liable for the cost of the paving.

Expert:  Loren replied 11 months ago.

Did you have further questions? Have I answered your question?

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