Does my neighbor have the right to plant on or grade my driveway easement?
Full Question:
I have an exclusive driveway easement that has been surveyed and registered at the court house. I am responsible for all maintenance and upkeep does my neighbor have the right to plant on it or grade it.
03/30/2011 |
Category: Real Property ยป Easements |
State: Tennessee |
#24533
Answer:
If the easement is as you describe, your neighbor certainly has no right to plant on it, because that would interfere with your use of it as a driveway.
The grading of it is an odd question - if it has nice gravel for a driveway, or is paved, and your neighbor wants to grade that away, then no. If grading would not improve the area's use as a driveway, then no. Since you are responsible for maintenance, it seems he would not be responsible for grading it to make it a better driveway. If his grading is going to harm its use as a driveway, then he can't do it.

