Legal Question in Real Estate Law in Indiana

real estate issue

I am helping my aging mother in a real estate issue. We have recently discovered that a neighbor of hers to whom she granted easement to use a drive of hers has actually placed much of a large asphalt paved drive way as his only means to access his home and garage on the easement. He was granted easement to use the private drive only as engress/egress. that is on the deed. but after a new survey we realize his intire entrance and over half on the length of his drive is on the easement. What do we do? Do we have any recourse? Please advise, confused in Indiana


Asked on 5/04/07, 10:30 pm

1 Answer from Attorneys

Mark Voigtmann Baker & Daniels

Re: real estate issue

I would have to see the details to be able to advise you on this. It is possible that the neighbor has abused his easement rights and/or is attempting to expand them beyond what was originally granted. If so, he may be liable for the cost of removal.

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Answered on 5/08/07, 10:14 am


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