Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I have a question relating to a “Right to Access” easement located on my property. The Dominant tenant has a right to cross my backyard to access her own backyard. The easement is 6 feet wide. Am I allowed to develop this area of land at all (low wood deck, asphalt, concrete etc). I do not intend to impede her access at all. I will be keeping whatever landscaping we are allowed to do at ground level. Thanks in advance.”Check the easement document, first and foremost. Barring any specific language therein, the general rule is that you may make any use of your land that you like so long as it does not interfere with the easement owner’s use of the easement.
Question: Keep in mind, of course, that your neighbor may disagree with you regarding what is an interference. You would do well to clear your plans with her before you spend a lot of money on landscaping that you later need to tear out.
