Q: My house has a home behind me. There is 2 ways of getting to the house. My driveway and another down the road. Why?
Why is my driveway the easement?
A:
Your driveway may be the easement by past agreement. If there is a recorded document that gave the back property an easement across your driveway then that would explain it. The easement passes from owner to owner, and whoever owns the back property holds the easement, has the right. It "runs with the land" as they say. Deeds and easements are recorded at Town Hall.
Another possibility, even if there is no easement recorded at Town Hall, is that the easement was created by past use over a period of ten years or more, and has been used regularly from then to now.
Neville Bedford agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
