Can a Neighbor Use My Driveway if the Other Owner Hasn't Consented?
Full Question:
Answer:
Generally, only the owner or occupant of land may grant an easement or license to enter the land. Therefore, the consent of the land owners is needed to create an easement. Easements are often recorded along with the deed, but it is also possible to create an oral license. It appears there has been a miscommunication regarding your consent. The matter should be clarified before further expenses are incurred or a lack of objection may be construed as a waiver of objection. We suugest you create an agreement in writing that specifies the extent of the easement granted. Please see the links to the forms below.
A license is freely revocable, however, an easement must have certain requirements met to be terminated. Damage or misuse of the easement is a cause for terminating the easement.
An easement is a property interest, which entitles the owner of the easement to the privilege of a specific and limited use of the land of another. The easement is a real property interest, but separate from the legal title of the owner of the underlying land. The land which receives the benefit of the easement is called the "dominant" property or estate. Easements should describe the extent of the use, as well as the easement location and boundaries. The location, maintenance, and uses of the easement are defined by the agreement, use, or instrument creating the easement. Easements can be created by a deed to be recorded just like any real property interest, by continuous and open use by the non-owner against the rights of the property owner for a statutory number of years, or to do equity (fairness), including giving access to a "land-locked" piece of property. Title reports and title abstracts will usually describe all existing easements upon a parcel of real property.
Once an easement is created, the owner of the easement has the right and the duty to maintain the easement for its purpose unless otherwise agreed between the owner of the easement and the owner of the underlying property. The owner of the easement can make repairs and improvements to the easement, provided that those repairs or improvements do not interfere in the use and enjoyment of the easement by the owner of the property through which the easement exists.