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.
“We live in New Jersey and have a 40-foot deeded necessary easement type right-of-way through a neighbor’s property. Lately he has begun parking large tractor-trailer size vehicles for long periods of time to one side of the easement.
Although it’s an eyesore, it doesn’t impede our ability to get to our home as our driveway is much narrower than 40 feet. Is this permitted by law, and if so, will it have any effect on the conditions of the easement? I would rather know what my rights are before I approach him about this.”
If your neighbor is not interfering with your use of the easement, then he is probably not in violation of the easement agreement. It wouldn’t hurt to review the actual easement document to be sure, but normally the land owner has the right to use the easement area in any manner that doesn’t unreasonably interfere with the easement owner’s use.
If you’re concerned about possible future use, that might be getting beyond what can be answered without consulting with an attorney.
