Full question:
I have an exclusive driveway easement that has been surveyed and registered at the court house. I am responsible for all maintenance and upkeep does my neighbor have the right to plant on it or grade it.
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Tennessee
Answer:
If your easement is exclusive, your neighbor cannot plant on it because that would interfere with your use of the driveway.
Regarding grading, if the driveway is gravel or paved and your neighbor wants to alter it, they cannot do so if it would harm its use as a driveway. Since you are responsible for maintenance, your neighbor is not responsible for grading it to improve its condition. If their grading would negatively impact the driveway's usability, they are also prohibited from doing that.
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