We have a non-exclusive easement that accesses an 8.8 acre parcel. The parcel owner put in a concrete drive with curbs and left a 5 foot dirt path for horses and foot traffic. They then posted a sign that acknowledges the non-exclusive easement and forbids under penalty of prosecution anyone from driving, walking or riding on or across their driveway..,Can they legally resrict traffic like that?
Real Estate Attorney
Probably not. But, you need to consult with an experienced real estate attorney, who will need to review the underlying language that created the easement. Also vital to a complete analysis is the historic use of the easement.
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1 lawyer agrees
The grant and prior use of the easement will determine the dominant tenement's rights. It is unclear if the sign purports to restrict use by the dominant tenement or only the general public and whether the driveway is on the easement or restricts it in any way. If this issue is important to you, you should consult local counsel to assess your rights.
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It depends on what the grant of easement states and the circumstances.
You should have a local real estate attorney review the document.
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
Construction / Development Lawyer
The prior use and the language of the recorded easement dictate whether the sign is proper.
Edward C. Ip www.lawyer4property.com
No attorney / client relationship established. The answr is for discussion and general information only. The lawyer had not reviewed any documents or contract prior to the above comments.