Legal Question in Real Estate Law in Massachusetts
Driveway Easement Interference
I have a 20ft deeded driveway easement across my neighbors property. My house is set directly behind hers and we share a boundry line that crosses the driveway. The property has been surveyed and markers are in place at each end of my property. She has tied a rope from one marker to the next indicating the property line. The rope crosses over my driveway creating a hazard for anyone who may trip over it. I requested she remove it but she insists the driveway is not our property and the easement only gives us the right to use the driveway to enter and exit our home. Is she correct and must this rope remain on our driveway.
1 Answer from Attorneys
Re: Driveway Easement Interference
The neighbor cannot place block your access to the easement area or otherwise do anything to interfere with your use of the easement. The neighbor is correct that the property is still hers, however, you have a right to use the driveway for access to your property. You should review your deed to determine the scope of the easement. If the rope is blocking access to the driveway, then you would have grounds to file for an injunction in court to order the neighbor to remove the rope and not block the driveway.
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