We have recently bought a house with an easement driveway in order to access the rear part of our property.
The house is in significant disrepair and requires urgent repairs.
The burdened property owner almost immediately raised concerns about us having heavy machinery on the shared driveway (which is on their land).
We would need to use the driveway for restumping our house, I think this use could reasonably be considered “access” to our property. At no time will the passageway be blocked.
We have tried reasonable communication with the other owner, but they seem intent on stopping us from repairing our house. We will already by spending considerable money avoiding use of the driveway for anything but absolutely essential purposes.
Are repairs to our house reasonable use of an access easement? The wording states that we can pass or repass at any time, day or night with horses, trailers and machinery (burdened or unburdened).
Can the burdened owners stop us from using machinery because of concerns of damage to the driveway or underlying structures? We have of course offered to pay for any damage caused by us.
Many thanks
The house is in significant disrepair and requires urgent repairs.
The burdened property owner almost immediately raised concerns about us having heavy machinery on the shared driveway (which is on their land).
We would need to use the driveway for restumping our house, I think this use could reasonably be considered “access” to our property. At no time will the passageway be blocked.
We have tried reasonable communication with the other owner, but they seem intent on stopping us from repairing our house. We will already by spending considerable money avoiding use of the driveway for anything but absolutely essential purposes.
Are repairs to our house reasonable use of an access easement? The wording states that we can pass or repass at any time, day or night with horses, trailers and machinery (burdened or unburdened).
Can the burdened owners stop us from using machinery because of concerns of damage to the driveway or underlying structures? We have of course offered to pay for any damage caused by us.
Many thanks
