Scenario: A neighbor is granted an easement to access their property and home. Several years later the neighbor decides to sell lots and develop part of the property. The access is actually a shared driveway with the property owner of the land the easement is across. Naturally, this property owner does not want his driveway used as access to a subdivision or trailer park. Does he have any legal recourse? Thanks
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I see your concern but I think the neighbor can do what he wants if there isn’t anything in the deed restrictions.
I am looking at some property right now and plan to stack trailer houses on it. The neighboring land owners are not going to like it but……they should have bought the property.
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Originally posted by Twist View PostEntirely depends on how the wording regarding how the access easement was recorded.
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As others have stated it depends on the language of the easement contract. Hopefully an attorney drew up the agreement with a clause that allows the landowner that "granted" the easement to terminate it with a potential sale of the property by the party that was granted said easement.
Without that clause...once you grant an easement and especially if it's the only access due to a land lock situation, then it will be hard to discontinue or cancel it.
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