Thursday, December 22, 2011

Neighbor has easement but uses more. Charge them rent?

A neighbor is surrounded by other lots and has an easement over my property in order to get to the street. I just found out that he uses more than the 15 feet allowed in the easement. I have no dispute with him and don't mind him using the driveway. However, I don't want his heirs to claim an "implied easement" by claiming that he's used a wider strip for years. I was thinking of talking with him and then charging him rent so that I can say that "he's got an easement but I also charged him rent for using some land outside the easement". The rent would be nominal, say $1-$100 per year. Is this a reasonable solution? I could get a rental form somewhere.

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