Can I stop thru-traffic along a shared driveway?

UPDATED: Oct 1, 2022

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Can I stop thru-traffic along a shared driveway?

I own a rural isolated property in Mississippi
and have deeded easement to access it. The
surrounding landowner has a deer camp which he
accesses by driving through my isolated
portion. There is pasture surrounding me on his
land so he can access the camp from multiple
angles not through my property, but he chooses
to use my maintained portion without
contribution to upkeep. How can I legally stop
this additional traffic?

Asked on December 2, 2018 under Real Estate Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you only have an easement to access the driveway, that is nothing more than the ability to use or drive over, etc. the driveway; it is not ownership of it. Not owning it, you have no right to stop anyone else whom the property owner (the surrounding homeowner) lawfully allows to use it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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