Does a servient estate have rights to the entire right of way?

[Richtdow]

What is the name of your state (only U.S. law)? New Hampshire

On my vacant lot I have two ways to the property, one is a right of way deeded to me and recognized by the municipality and the other is a driveway that crosses over the opposite corner of my lot and goes to one house. That driveway crosses three properties and has done so for 30 years. I don't have a problem with the driveway crossing my corner of the property.

As the servient estate of a portion of this driveway, am I allowed to use the entire driveway also? This includes the portions of the driveway further away that do not cross my property, in other words drive from the street to my lot using the driveway. If so, where can I find either a statute or legal precedent that supports that argument?

 

[justalayman]

Unless something names you a dominant tenant over the other involved properties you have no right to that easement. You can use the corner of your property but that appears to be about it.

 

[HRZ]

Read the actual grant of easement...if its for example a grant covering 3 properties in a row and the language appears in each deed or grant then its possible the grant allows any dominant holder to use the entire stretch for the intended purposes....it is very likely that you can use it from street to your lands ...but the devil is in the details (Or as justalayman posts..it could be an exclusive grant )

 

[latigo]

What is the name of your state (only U.S. law)? New Hampshire

On my vacant lot I have two ways to the property, one is a right of way deeded to me and recognized by the municipality and the other is a driveway that crosses over the opposite corner of my lot and goes to one house. That driveway crosses three properties and has done so for 30 years. I don't have a problem with the driveway crossing my corner of the property.

As the servient estate of a portion of this driveway, am I allowed to use the entire driveway also? This includes the portions of the driveway further away that do not cross my property, in other words drive from the street to my lot using the driveway. If so, where can I find either a statute or legal precedent that supports that argument?

The fact that your property is servient to a portion of the easement does not per se entitle you to the use of that portion to which your property is not servient. If that what's you are asking.

 

[Richtdow]

Thank you for your responses!