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Our neighbors have an easement to our driveway to access…

Our neighbors have an...

Our neighbors have an easement to our driveway to access their back yard. Now they want to build a garage back there. Do we have any rights when it comes to all the heavy equipment using our driveway? What about all their company using our private driveway. It is our only means to enter our property. They already have another driveway and a garage at the front of their house.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Nebraska

Lawyer's Assistant: Has any paperwork been filed?

There is a legal permanent easement that was with the property when we bought it that was done by others before us.

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Answered in 2 minutes by:
7/10/2017
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,654
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Do they have another avenue to reach their backyard?

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Customer reply replied 1 year ago
No not with a vehicle. just by foot.
Customer reply replied 1 year ago
We just want to make sure we have complete legal control of our driveway and they just are allowed to use it for entering and exiting their garage.

Thank you; a few minutes please.

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Thank you for your patience as I was reviewing case law and Nebraska does not have much case law as to private easements and unfortunately none of the cases reviewed dealt with overuse.

Based on common law if the dominant estate (party entitled to use of the easement) is abusing/overusing the easement, the servient estate owner may petition the court, requesting them to either:

1. revise the easement to include only ingress/egress, and for certain people (actual property owners, not guests)

2. reimburse for damage due to excessive use (construction equipment)

3. order an injunction setting forth daily fines for continued violation of overuse.

The wording of the easement determines the rights of the parties; if it is blanket easement then #1 would be done to preclude continued usage.

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legalgems
legalgems, Arbitrator
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