Right Of Way Dispute

Summary

If a right of way is included in a property deed in Tennessee, it is typically considered an easement appurtenant, allowing continued use regardless of necessity. This easement usually lasts indefinitely. Consulting a local property lawyer can provide tailored advice and explore potential negotiation options.

Full Conversation

I HAVD a right a way question
Hello ****, I'd be happy to help with your right of way question. Could you please provide more details about the situation? Also, may I know your location? Different jurisdictions may have different rules regarding this issue.
My husband and I bought his parents property after they passed. The property adjoins ours. We had a right a way to cross over his property to get to our house. We also cross over my nephews property. He also had a right a way to his house. My nephew has since built him a drive way to his house and is not in need of the right away. At this moment we still need to cross his property until we make a new drive to our house. Once we build our driveway. We will no longer need to cross into his property. Even tho he DOES NOT need to use the old driveway ( now ours) he STILL DOES with deliveries and heavy trucks( he doesn’t want them on his new driveway). Since it is our property and we maintain the right a way road. And he no longer needs it can I stop him from using it or should I wait until my drive way is done and I no longer cross over his?
Hello ****, to provide accurate information I need to know your location. Also, do you have any written agreement about this right of way with your nephew?
Long message. Hope it’s clear.
Hello ****, I understand your situation. The legalities of the right of way can depend largely on your location and any existing written agreements. Could you please let me know where you're located?
Tennessee
Hello ****, in Tennessee:
- If the right of way is not mentioned in property deeds, it's considered a "prescriptive easement". This can be terminated if you stop using it for 20 years.
- However, your nephew may still legally use it if it's in his deed.
I'd recommend consulting a local property lawyer for a detailed analysis.
I believe it’s in the deed
Hello ****, if the right of way is in the deed, it's legally binding. Your nephew may have the right to use it regardless of his need. You may want to consult with a property lawyer for tailored advice.
When the property was deeded to him I believe it mentioned right a way ( it was his only access at that time to his home)
Hello ****, if the right of way was included in your nephew's deed, it's typically considered an "easement appurtenant" in Tennessee. This means he can continue using it, even if it's no longer necessary. For a more precise interpretation, consult a local property lawyer.
So he will for the rest of his life be allowed to drive on our ( now)drive way
Hello ****, that seems to be the case if the right of way is indeed included in his deed. An "easement appurtenant" usually lasts indefinitely. However, it might be possible to negotiate with your nephew or seek legal advice to explore other options.