Your neighbor has an easement on your property. It’s been there since you purchased the land, and it’s a long-standing agreement. Generally, your neighbor uses the easement to cross your property via a two-track driveway to reach their own land, which is otherwise inaccessible from the main road.
Recently, however, your neighbor decided they wanted to build a garage on the easement. They claim it would be more convenient to park there rather than driving across your land each time. Are they allowed to do this?
How was the easement written?
Most likely, your neighbor is not allowed to build on the easement. The answer depends on how the easement was written when it was established. The original agreement should specify how and why the easement can be used, defining what your neighbor is legally permitted to do.
For instance, the easement likely states that your neighbor has the right to cross your land, which allows them to use the driveway. Because of this, you cannot block their access by putting up a gate or other barriers—they have a legal right to use the land for that purpose.
However, having access doesn’t grant them ownership rights. The easement only allows for a specific use, such as driving across the property. If they attempt to use the easement in a way not covered by the agreement—such as building a garage—they may be violating your rights. Doing so would likely breach the terms of the easement. The driveway itself remains part of your property, and they cannot modify or build on it without your consent.
Resolving disputes
If a conflict or dispute arises regarding the easement, it’s essential to carefully review the terms of the agreement and understand your legal rights. Take the time to explore all the legal options available to resolve the issue effectively.
