Q: I live on a private road, I have an easement agreement so that I may go to my home. The neighbor behind me does not have
One however, it’s her parents that are constantly coming and going from her home past my home. Her father does not get out of the road. Today I was in the spot where I could not get over (big ditch) and he could and yet he kept coming and almost side swipped my car. My question is if he would have hit my car would he be held liable?
A:
You have a number of issues here -
1. Easement- if the other people do not have an easement or right to enter - they shouldn't be using the area. However, over a long period of time they can gain rights - so whoever is the holder of the underlying easement needs to protect the easement.
2. You get hit on the easement - if you are stopped and the other vehicle hits you trying to get by then more likely than not they are at fault.
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