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    PleaseHelpMe56's Avatar
    PleaseHelpMe56 Posts: 1, Reputation: 1
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    #1

    Dec 4, 2012, 07:39 AM
    Easement rights
    We sold the top 3 acres of our farm and a builder placed a home on it. We were misinformed and sold the beginning 10 feet of the driveway along with it. We maintained rights to use the driveway to access our farm on the lower 17 acres. We have the remaining ~300 feet of the driveway.

    The owner of the home paved her portion of the driveway and has now stated she does not want anyone other than utility people and myself and my husband driving on her driveway. She has stated she will call the sheriff is she catches anyone. My adult daughter lives next door with her fiancé and is also on the deed of the farm. The neighbor has stated they are not allowed to use the driveway.

    Are they allowed to restrict my visitors?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Dec 4, 2012, 07:48 AM
    It depends on the exact language of the easement that was reserved to you in the deed but in general, no, she cannot restrict your visitors.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Dec 4, 2012, 09:33 AM
    If your daughter is visiting you, they cannot prevent that. However you suggest that the daughter also wants to use the driveway to access her residence, which is not, apparently, benefited by the easement. If so, it's quite possible that your daughter cannot use the driveway to access her home.

    I really doubt that the police will bother getting involved, however, unless she sues you in court (civil action) and the judge issues a writ requiring them to intervene.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 4, 2012, 10:37 AM
    If I follow this, your daughter has a home on the 17 acres that you retained. If that is the case and the 10 feet of driveway includes an easement to allow it to connect to the remaining driveway, the homeowner probably does not have a leg to stand on.

    It depends on the wording of the easement, but unless the easement lists individuals or is restricted to owners of the 17 acres (in which case your daughter would still be included) then anyone you invite to visit would have access to the easement. And it is unlikely the deed restricts the easement in that way.

    I would consult a local attorney to review the easement. If it is determined that the easement is not restrictive then send the homeowner a letter stating that the easement allows anyone visiting you or your daughter to use the driveway and any interference in that right will result in a lawsuit.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Dec 4, 2012, 05:33 PM
    OP wrote that "daughter lives next door with her fiance and is also on the deed of the farm". This suggests to me that she doesn't live on the 17 acre "farm", but on another parcel. But hopefully OP will clarify the situation when and if he/she returns.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Dec 4, 2012, 06:05 PM
    Quote Originally Posted by AK lawyer View Post
    OP wrote that "daughter lives next door with her fiance and is also on the deed of the farm". This suggests to me that she doesn't live on the 17 acre "farm", but on another parcel. But hopefully OP will clarify the situation when and if he/she returns.
    If the daughter does live on another parcel and that parcel allows access to the OP's home, I would suggest the daughter use that route just to avoid conflict.

    However, I still doubt if the homeowner has the right to prevent anyone from using the easement to visit the OP.
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