09 Jul Does an easement give my neighbor the right to leave his garbage cans on my driveway for days?
So I thought I would try posting this here since it may not be a legal question. I'm new with all of this, so please overlook any ignorance on wording. I also know rights will vary from state to state — Hoping someone is familiar with Florida easement rights.
We own the front portion of the property (12 years now) that has road access. Our neighbors (formerly family members who we purchased the land with, as well as built our homes at the same time – but has since sold) have an easement for ingress and egress to access their property directly behind us.
The general warranty deed states, "an easement for ingress and egress is hereby reserved by Grantor and his heirs and assigns over and across the east 40 feet thereof." **(Which I'm not sure why it reads 40 feet?? Seems like alot when our drive way is approx only 15 feet wide! Do our neighbors have certain "rights" to the other 25 ft besides the driveway?)
So, our neighbors are using our driveway for their trash pick up (which is absolutely fine) but then leaving their garbage can on our driveway (but it's also next to the road- which I'm assuming is technically county easement/right of way?) for days after (or several days before). We've even had to move their can in order to pull in or out of OUR driveway.
I would like to properly address the situation but I would first like to know what my rights are as the property owner of the driveway and what their rights are as the easement owners. To be honest, when purchasing the land and building, we never discussed "easements" & with this being our first time buying/building, we had no idea how any of it worked. We just knew our family would be using our driveway to get to their property. Umm ok, no problem! Embarrassingly enough, I dont even know how county easements/right of ways work. I have been told that county easements can be used by anyone (I'm not really sure how true that is) which may be why my neighbor thinks/knows he can leave his cans sitting there at the end of my driveway for days.?. But … it's still My driveway.
Does anyone know how residential ingress/egress easements legally apply in a situation like this in the state of Florida? I have searched and, as I first mentioned, it seems that the laws tend to vary from state to state. But from what I've read, it often favors the property owner – that ingress and egress gives the easement owners a legal right to "only" cross over the servient property for access to and from their property – nothing more. Is that not correct?
Is this a simple, "please dont leave your garbage on my drive," or something that we are going to have to seek legal advice about? Any information or advice would be greatly appreciated! Thanks!