Skip to main content

With an easement or access to property behind mine do I have to allow people who do not live there access to my driveway?

Lowell, MA |

Specifically driving in my driveway to the property behind mine?

Attorney Answers 4

Posted

I am not quite sure I understand your question. I would imagine that there is an easement to the property behind your property so that people can have access to it. Otherwise, I would imagine, the property behind yours would be landlocked and there is no other way to access the property. If that is the case, are you trying to stop your neighbor from having friends and family over.

The answer to your question depends on the reason and location of the easement as it is listed on the actual easement document. You also might want to contact an a real estate attorney to draft a road maintenance agreement if one doesn't already exist. Best of luck!

The content of this answer should not be relied upon or used as a subsitute for consultation with professional advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.

Mark as helpful

Posted

First and foremost, you must look to the actual terms of the easement. You should obtain a copy of it and review it for the parties' rights and obligations. If the easement is silent on certain uses and responsibilities, those will be filled in by default provisions of Massachusetts law if a dispute were ever to get to court. That said, typically an easement holder's rights would extend to their guests and invitees and the easement holder can make reasonable use of the easement. If the easement holder is overburdening the easement then that is another story and you may need to seek legal assistance to obtain an injunction. Easement litigation can be very expensive and time consuming so you should try to work out any issues you can with your neighbor to avoid it. Also, it can be very hard to swallow the fact that your neighbor has rights in your property that are in a way superior to yours. You can't interfere with their rights in your property or else you may be subject to suit by them.

This "answer" is for information purposes only and is not intended as legal advice or to create an attorney-client relationship.

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

Typically an easement for the benefit of your neighbors behind you for access tot heir property would include their guests, repairmen, etc. The exact language of the easement would control, but that is generally the case with access easements.

Mark as helpful

1 lawyer agrees

Posted

You need to look at the exact language of the easement to determine how it can be used. Some are very open, some are very specific. If the easement is for general access to a residential property then all persons that would typically go to a residential property will be permitted to use the easement (owners, residents, guests, etc.). If the property is residential and a business is being operated there that generates more traffic, there may be an issue.

This is an issue that you should speak to an attorney about specifically and get advice based on your specific issues.

DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues.

Mark as helpful

1 lawyer agrees

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics