Legal Question in Real Estate Law in Georgia

Driveway easement dispute

We own property that has been in our family since 1911. My grandmother built and paved a driveway in

the 60's which was used jointly by the neighbors.

The property line is dead in the middle. We have

been using it peacefully until recently. We have verbal permission to use it but have been told by the

other owner if we sell he will build a fence down the

middle. What can we do? We have had it surveyed so

we know exactly where the line is.


Asked on 1/05/00, 10:17 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Driveway easement dispute

Any response we provide is subject to the TERMS listed on our web page.

You question does not show in which State your land is located. In Georgia, (based on the very few facts you have given me) your neighbor would not be able to put a fence in the middle of the driveway.

It sounds like the use of the driveway is an Easement in Gross. An Easment in Gross runs with the land and would be able to be sold to the new owner.

However, if you all went in to possession of your neighbor's driveway WITH PERMISSION as opposed to some other agreement, then it may be that what you have is a mere license. If you only have a license, your neighbor could reclaim the driveway.

I suspect it is, in fact, an Easement in Gross. You need to contact a real estate attorney near you to help you with this issue.

Hugh Wood

Read more
Answered on 1/10/00, 5:49 pm


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