With regard to an easement for ingress and egress of a driveway, who has legal right to the property?,

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With regard to an easement for ingress and egress of a driveway, who has legal right to the property?,

Can the other landholder come over and for example cut down trees on the easement?

Asked on April 11, 2012 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An easement is a nonpossessory right to use the land of another.  The key here is the word "nonpossessory."  The landowner can do what ever he or she likes with the property as long as it does not interfere with the rights given under the easement.  It sounds here like the cutting of the trees is for looks and will not interfere with your right to ingress and egress.  You would have no objection then to the matter.  Good luck.


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