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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33167
Experience:  17 years of legal experience including real estate law.
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What does right to use mean in relation to an easement and

Customer Question

What does 'right to use' mean in relation to an easement and can my neighbor park his camper in the easement?
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Tina replied 4 years ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

There is nothing in writing as to the purpose of the easement--a driveway or for use as ingress/egress?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

The register of deeds office read the easement part of the deed to me. I do not have my deed with me. The tell me the deed states the easement is granted for 'right to use'. They indicate there is nothing about ingress/egress.

Expert:  Tina replied 4 years ago.

Hello again, Caroline.

Usually there is some language written into a deed as to the intent of the parties in granting the easement, so it would be best to locate your copy of the deed or other conveyance documents to determine the purpose/intent.

If it appears from all the facts surrounding the conveyance that the parties intended for it to be used as ingress/egress, then that is what a court would limited the neighbor's use to typically. For example, if the neighbor was landlocked in access his property or some portion of his property at the time the easement was granted, that would typically indicate that he could use the easement to pass through to his property, but not necessarily to park vehicles or otherwise inhabit the property.

There is no universal definition of the word "use" in this context normally. An easement by its very nature is a right to "use" another's property, but there should be evidence from the facts existing at the time of the conveyance or a writing which indicates the purpose of the easement since that is normally what a court would enforce--a writing or the intent of the parties.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Expert:  Tina replied 4 years ago.
Hello again Caroline,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile:
Thank you very much and all the best to you.