Full question:
WE HAVE A DRIVEWAY EASEMENT THAT GOES TO THE MAIN ROAD. OUR NEIGHBORS WANTS TO PUT GATES UP ACROSS THE DRIVEWAY FOR THEIR COWS AND HORSES. CAN THEY BLOCK THE DRIVE WAY LIKE THAT TO WHERE WE CAN'T GET IN OR OUT ?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Ohio
Answer:
The ability of your neighbors to block your driveway easement with gates depends on the terms of the easement. Generally, an easement allows the holder to access the property and use it as intended without obstruction, unless there is a valid reason to terminate the easement.
An easement is a legal right to pass over someone else's land. If your easement is documented, it typically cannot be blocked. The easement holder has the right to maintain the easement for its intended purpose, which includes making necessary repairs or improvements, as long as these do not interfere with the underlying property owner's use.
There are two main types of easements: appurtenant and in gross. An appurtenant easement benefits a specific property and remains with it if sold, while an easement in gross is personal and typically ends when the holder dies.
To terminate an easement, certain conditions must be met, such as the purpose of the easement no longer existing, the ownership of both the easement and the land merging, or abandonment. Misuse of the easement may lead to legal claims but usually does not terminate it.
Legal proceedings may be necessary to clarify the rights associated with the easement.
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.