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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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8 years ago I purchased two of the three lots in the mini-sub

Customer Question

8 years ago I purchased two of the three lots in the mini-sub which are located behind the frontal road lot. The easement for the driveway is 60 feet and borders the east side of the parent property on the road front. The owner of the parent property is claiming he has the right to do what he wishes with the easement area with regard to maintaining and the decision on what it will look like. It is designated as a "private road" on the primary plot document. Do I have any control over this matter or is he in fact the controlling entity with the easement?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 2 years ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. Do your deeds indicate that there is this easement on it? Does it say anything about the easement and the rights of the easement owner?
Customer: replied 2 years ago.
Yes, it indicates the easement..."Private Road" address was written within the easement and stated...Ingress and egress easement to include drainage and utilities access with the 60 foot measurement showing the width. It said nothing about easement rights or owner.
Expert:  ScottyMacESQ replied 2 years ago.
Apologies for the delay. I was out of the office when you responded. I was ready and able to assist you when you first asked the question, but a couple hours later I had already left for the day. Do you know when the original parcel was subdivided and the private road created? Do you know who "owns" or otherwise has a superior claim to the private road? Or is it to be maintained by all the owners of the lots that are benefited by the private road?