Chepachet, RI asked in Land Use & Zoning for Rhode Island

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?

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1 Lawyer Answer
Albin Moser
Albin Moser
Answered
  • Providence, RI
  • Licensed in Rhode Island

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

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