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