I recently bought property in southern Maine that came with an easement. We installed a 700 foot driveway on the easement to access our property. A property owner built a driveway off it. Is this legal?
The precise answer hinges on the precise language of your easement. You'd be well-advised to consult with a local attorney who focuses on real estate and/or property disputes.
But generally, most easements do not grant you exclusive use of the property which is subject to the easement. If the underlying landowner's conduct does not impede your designated use under your easement they would, generally, not be violating the terms of the easement.
If that's the case they can use your driveway and build their own off of yours. But they can't, for example, park on your driveway in a way that blocks you from using it.
I hope that this is some help. Like I said, go to a local lawyer for further precise, detailed, accurate analysis and advice.
I represent lenders, landlords and creditors. This answer is based on the viewpoint of a creditors-rights attorney. It's possible that a debtor / tenant / consumer lawyer would provide a different answer or focus on different nuances of the situation. More importantly, it is impossible to provide a reasoned legal opinion in response to any brief internet writeup. My response here is not, and is not intended as, a reasoned legal opinion or legal advice to anyone, including the person who posed the question. Even so, I hope that my comments are some help.
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