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 the easement is as you describe, your neighbor certainly has no right to plant on it, because that would interfere with your use of it as a driveway.
The grading of it is an odd question - if it has nice gravel for a driveway, or is paved, and your neighbor wants to grade that away, then no. If grading would not improve the area's use as a driveway, then no. Since you are responsible for maintenance, it seems he would not be responsible for grading it to make it a better driveway. If his grading is going to harm its use as a driveway, then he can't do it.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
