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AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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There exists a 20 foot easement along on the property line

Customer Question

There exists a 20 foot easement along on the property line to allow access to a home. Over the years the driveway has meandered to as much as 50 feet of the property line, well outside the easement. Can the access be restricted to the original 20 foot easement? The property is in Oklahoma.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  AttyHeather replied 1 year ago.
Hi, My name is*****'m an attorney with 15 years vigorous courtroom practice experience, and I would like to assist you in answering your question. My response is for information and education, and not as legal advice and we do not form an attorney/client relationship.The answer is it depends on the type of easement, which is determined by how the easement was created, and how the easement has been treated since then. I must assume that there is an express easement, in which there is an actual document giving the terms of the easement and the exact location of the easement and it is recorded at the property recorder's office. If that is the case, then the owner of the servient property (the property over which the easement runs) could restrict the easement to the legal description. Those who use the easement could then be made to stay within the boundaries of the actual legal description in the easement document. If the people using the easement do not like being limited to what is in the legal description, they would have to sue you. They have a few arguments which may or may not work. For example, they could claim they have an easement by necessity, that is larger than what is in the legal description. They would have to state that there is no other way for them to access their property in the way that they need to, therefore, they have an absolute necessity for the easement. Judges don't generally like granting easements by necessity unless absolutely necessary. They could argue that they have a prescriptive easement, and state that they have actually and openly used the property for the legal time period provided by law. See this article, section G for more information on prescriptive easements in OK. easements are acquired in a similar fashion that a person acquires title to a property through adverse possession. I hope that I have provided you with useful information and answered your question. If so please provide positive feedback.Best, ***** ***** Attorney