How are driveway easements affect private property rights?

Consider the example of a “lot” that is split front and back such that the rear portion has a driveway easement through the front parcel to get to the road. This permanent right-of-way cannot be blocked or fenced such that the access to the rear is obstructed.

Who is the owner of a private road?

The owner of the road is possibly fancying or anticipating the idea that they would like to park in one /some of those spaces.

How is property line edge of road easement measured?

Building setback distances are measured perpendicular to the property lineor edge of a road easement, whichever is the closestto the proposed structure. See the illustrations below for examples: (1) Where there is no road easement or roadway: X = required setback per approved plan PL = property line

Can a property owner sell an access easement?

A property owner may sell an access easement to a neighbor for a driveway or path, so that the neighbor can have access to her own property. This is a private easement and not mandated by any government authority.

Is there such a thing as a private road easement?

To be brief, while all private roads are also easements, not all easements are private roads. Private roads provide access in the same way that a road easement would, and it wasn’t until some state court cases started trying to define the meaning of “private road” that confusion occurred.

Is there a property easement on a shared driveway?

Property Easement on a Shared Driveway. A common type of property easement is when two neighboring properties have a shared driveway. Typically, each owner owns part of the driveway and has the legal right to use the entire driveway to drive their cars to and from their garages or parking areas at the rear of their properties.

Is there a private road to the lake?

A private road connects the public road to the lake. It’s been used for over five decades, most of those without dispute. A few years back, however, the land through which much of the private road runs was purchased.

Can a private driveway be a private road?

Yes, a long glorified driveway is a private road. 4. They are narrow – when two cars meet, one of you must reverse 500 feet to let the other car pass. 5. If you’re tired of getting along with your neighbours, try getting a private road constructed.