Tiffin, OH asked in Real Estate Law for Ohio

Q: How difficult is it to have a shared driveway/easement rescinded?

90% of the driveway is on our property. The easement was granted by former owners of our house in the early 1900s, and the current neighbors lived there since the 1940s. The matriarch of the family passed away in December, so no one is living there while it’s cleaned out and prepared to sell. They expect us to park on the street at all times, although they use and park in the driveway almost every day. They have access to their 2-car garage via an alley behind their house. We are landlocked and have no garage (the only house on our street that does not have alley access in back). Also, they caused damage to the previously-concrete driveway and it was then blacktopped due to less expense. Since then, water has channeled to our basement and we now have leaks. The situation seems completely unfair and we want to know if it would be possible to have it overturned. Thank you.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Cincinnati, OH
  • Licensed in Ohio

A: The other people would have to sign a release of their easement rights to be recorded in the county records. But they are under no obligation to agree. If they are willing to do that, and they might want payment, then use the Find a Lawyer tab to retain a local real estate attorney. Talk to the attorney about any damage claim you might make.

Taylor P Waters agrees with this answer

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