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I have deeded access to my property. No provision is made for me to mainataine it. I think the new ower (family member that

Climax, NC |

has taken control wants to use the access property to add futher (mobile homes) and use my access. Do I have an action?

Attorney Answers 2


Probably not. As you describe it it sounds like you have an easement for access to your land over someone else's land. Unless your ability to access your land is compromised you cannot control how they use their property. On the other hand if the access property is property you own, then you may be able to prohibit the extra use. If it is the later situation consider taking the easement agreement to an attorney for review.

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It is unclear from your post whether you own the area or whether you have an easement to use the area.

If you own the area, then you may limit the use to what was agreed to in the easement documents.

If you have an easement, then it is your responsibility to maintain the easement area and you might have a claim for any action that interferes with your use of the easement area. Note that if the additional use does not interfere with your use, you may not be able to prohibit it.

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.

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