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Ask J.Hazelbaker Your Own Question
J.Hazelbaker, Lawyer
Category: Real Estate Law
Satisfied Customers: 4385
Experience:  Extensive experience and training in real estate matters.
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We have an right away driveway that runs through our

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We have an right away driveway that runs through our neighbors propertry which are all woods. They ride there atvsthrough the woods then up our riteaway that I pay to keep maintained. The problem is that they keep digging it up and argue with me that its his property and not mine. What can I do or what legal actions can I take to fix this?
As the easement owner you have what is called the "dominant" estate and the land over which the easement runs is the "serviant" estate.

The serviant estate owner can use their land over which the easement runs in any way that does not interefere with the easement. The serviant estate owner cannot interfere with the reasonable use of the easement.

If the atv use is interfering with your use, then you can enjoin (stop) that inteference. You can also force the serviant estate owner to contribute to the maintenance of the easement do to their use.

You would have to file a declaratory judgment and injunction action seeking what contribution to maintenance th serviant estate owner must pay and to stop unreasonable use of the easement.

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Customer: replied 8 years ago.
To help me better understand this, let me re-visit the question I had asked. First, driveway access to our property goes through someone else's property. As I understand this, this will make us the 'serviant' estate owner, as we have to use this access through his property to get to ours. The question again (reworded) is: What are our rights with the negligent use of the driveway as access to their ATV's or any other destructive use, in being able to have a safe, maintained driveway? When politely asked about the destructive use involving the ATV's, his response was that quote "They are my nephews and told them that this was all my land and not to worry about it". Again, the driveway goes through his property and there is no other access route. Therefore does this makes him the 'dominant' estate owner?
No. You are the dominant estate. You have the right to protect your use.

He is the serviant estate and must not interfere with your rightful use of the easement.

You can sue him to keep him from interfering and to contribute to maintenance due to his use of the easement.

The court can also address safety issues such as, for example, setting speed limits.
J.Hazelbaker and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 8 years ago.
Thanks, ***** ***** going to resolve years of debate and our minds on what we could do civily. Thanks!
You are very welcome.