Can a Neighbor Use My Driveway if the Other Owner Hasn't Consented?

Full question:

I own a piece of land and a neighbor came to me 6 months about the availability of him of usine my road into the property to access his son's to be built home. Because i did not want to have a confrontation with the person i told him i need to ask a brother of mine that also owned the property if it was ok with him. i alos told him that he needed to have his attorney write up a document showing what was going to done. i never heard from this person till i rode by the road in question ..5 months later..and the person is in the process of weeding my access road..by 6 or 7 feet...graded down my present right of way..it was a dirt road... with a bulldozer..removed a drainage ditch...and is placing a permanent driveway from my access road to his son's new home site.My question is 2...If i would have given him or granted him access to my 'right of way'...( which i did not..).would this granting have allowed him to tear up my road...and place a driveway into his property from mine...without him asking?and second...by me saying i would have to ask my brother...and him needing to contact his lawyer to describe in writing what he was going to do...was i giving him permission..because i wanted some steps done before i gave him an answer..?? Thank you.. the property in question is in Pa...but i live in Maryland...just answer the first question as to what rights the other person would have had if i would have granted access to my right of way.

• Category: Real Property
• Subcategory: Easements
• Date: 04/07/2025
• State: Pennsylvania

Answer:

Generally, only the owner or occupant of land may grant an easement or license to enter the land. Therefore, the consent of the land owners is needed to create an easement. Easements are often recorded along with the deed, but it is also possible to create an oral license. It appears there has been a miscommunication regarding your consent. The matter should be clarified before further expenses are incurred or a lack of objection may be construed as a waiver of objection. We suugest you create an agreement in writing that specifies the extent of the easement granted. Please see the links to the forms below.

A license is freely revocable, however, an easement must have certain requirements met to be terminated. Damage or misuse of the easement is a cause for terminating the easement.

An easement is a property interest, which entitles the owner of the easement to the privilege of a specific and limited use of the land of another. The easement is a real property interest, but separate from the legal title of the owner of the underlying land. The land which receives the benefit of the easement is called the "dominant" property or estate. Easements should describe the extent of the use, as well as the easement location and boundaries. The location, maintenance, and uses of the easement are defined by the agreement, use, or instrument creating the easement. Easements can be created by a deed to be recorded just like any real property interest, by continuous and open use by the non-owner against the rights of the property owner for a statutory number of years, or to do equity (fairness), including giving access to a "land-locked" piece of property. Title reports and title abstracts will usually describe all existing easements upon a parcel of real property.

Once an easement is created, the owner of the easement has the right and the duty to maintain the easement for its purpose unless otherwise agreed between the owner of the easement and the owner of the underlying property. The owner of the easement can make repairs and improvements to the easement, provided that those repairs or improvements do not interfere in the use and enjoyment of the easement by the owner of the property through which the easement exists.