I am the owner of the property that the ingress/egress passes on. My deed shows me as the owner of the land of which the ingress/egress is on? There are no gates or fences up and he can drive across the open field. Do I have to let him put a road in?
I am not from your state and you should consult with a local attorney who practices real estate law. In general if there is an easement in the deed to your property that benefits the neighbor and specifies that they have the right to use this part of the property for ingress and egress then they most likely have the right to put a road there. You need to look at your deed and see what it specifically states. Also, they must stay within the area that is defined in the deed. Your best bet is to go to the county and get a copy of your deed, if you do not have it yourself, and then see a real estate attorney for a consultation.
The author of this posting is licensed to practice law in the State of Connecticut. This posting is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.
The easement is limited to the intent at the time it was granted. The person who has the right to cross your property cannot overburden it. So if it was intended for a single residential access, a full fledged road may be an over burden. If it was for a mobile home park, a road makes sense.
You need to consult an attorney on this- I know that isn't what you want to hear, but truly this is not something to deal with as a non-lawyer. If a party has a right to access his/her property by a Deed ingress-egress easement, they have the right to make the 'pathway' a paved surface-pursuant to the Zoning limitations. It is particularly important that this is done properly because it can impact the value of HIS property- and thereby increase real property taxes. It should NOT increase the value of your property UNLESS you start using it, in which case he could claim that you should 'share' the tax 'benefits and burdens'.
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