Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
We feel that in order to have easement rights through our property they must live directly on our private road. Is this true?
For the most part yes. Easement rights are determined by statutory and contract law....basically if the law gives someone an easement..such as over a landlocked parcel, or if an easement is created by contract like in a deed.
But only the actual easement holders have the right to cross over the "servient estate" (i.e. the land the easement is on) and that right doesn't extend to the general public. An easement is a property right and is exclusive to the owners of that easement right.
So if you have other random people crossing over your land who are not easement holders, then they are legally trespassers and are violating the law and your property rights when they cross your land without permission.