could a developer give another association permission to drive on a private road of another association

A private gravel road in ,NC. A developer has given another association permission to use road with no maintenance agreement
In General Area - Asked by cyril S. - May 13, 2013
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Answer(s)

Joanna B.
Broker/Agent
Chowchilla, CA

Only the land occupier or user (often the owner but not always) can give permission to enter private property otherwise it is a trespass. I assume this is not a public road. If the developer has permission to enter the property and use the road, theoretically he could let anyone associated with his development use it based on his permission. However, it would be fact dependent, is there any kind of permission, even verbal given to the developer? Remember permission can be revoked at anytime; then it becomes non-permissive use. That is why written agreements to right of use of often attained to specify when/how they can be revoked. Hope this helps!

Jun 4, 2013
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Viviana K.
Broker/Agent
Orlando, FL

Are you able to look on a land use map (tax assessor / colllector often shows property boundaries) to confirm if an Easement exists and who owns it? A neighboring occupant with benefit of use & enjoyment could grant temporary access (once or twice) but it is on the owner to grant ingress / egress for the purposes of engineering, construction or other major uses because they would be held liable if injuries or deaths occur on their property, and having granted easement allows the owner to indemnify any liability or loss incurred by those granted access through a WRITTEN agreement

Jun 26, 2014
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