A homeowner has been sharing with a friendly neighbor the use of a driveway that crosses both of their properties. However, the owner is about to move out and the remaining neighbor would like to make sure that she can continue to use the driveway even if the new owner is not amenable to that. The homeowner should request an:

• A. Lease
• B. Easement
• C. License
• D. Right of way

Answer: (B)

An easement is the right to use someone else’s property for a specific purpose, without owning it. In this situation, the neighbor needs ongoing access to cross the driveway, not a stake in possession of the land. An easement gives that non-possessory right and, when properly recorded, runs with the land, so it remains valid even if the homeowner sells or a new owner moves in. That means the neighbor can continue to use the driveway regardless of who owns the property.

A license, by contrast, is mere permission to use the land and can be revoked or altered, especially if ownership changes. A lease would grant tenancy and exclusive possession for a term, which isn’t what’s needed here. A right of way is essentially a type of easement for passage, but the formal, enduring protection comes from a recorded easement. So the homeowner should request an easement, with the details (scope, location, maintenance) specified and recorded to protect the neighbor’s access into the future.