Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Good day. I am Loren, a licensed attorney, and I look forward to assisting you.
Does the easement cover the expanded driveway or does the driveway encroach beyond the easement area? Did you have title insurance at closing with a current survey?
If the easement covers the expanded driveway then they are entitled to the protection granted int he easement. Do not just start tearing out the concrete. The best thing to do is to file suit for abuse/breach of the easement and trespass.
You could be exposing yourself to liability if you start tearing out the concrete without their permission and while an easement is in effect.
That is why I suggest you get their consent if you can or a court order if you cannot.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
You can do what ever you want in any area not covered in the easement agreement. When they repave go ahead and put in gravel on your property.
I said you can put down gravel when they repave so long as it is in the area outside of their easement. Why are you yelling?
Yes, that is correct, unless your easement has the right to pave in its terms.
No, you cannot destroy their property.
You could be liable for the cost of the paving.
Did you have further questions? Have I answered your question?