Can my neighbor get an easement or access?

Your neighbor cannot obtain an easement for convenience without your consent. There is no such doctrine in the law. A party can obtain an easement by necessity, which generally relates to what you have indicated are landlocked parcels of property. However, based upon your set of facts, it appears that your neighbor has access to his property, it is just more convenient to access his water tank by using your driveway. You also need to consider implied easements that arise from a division of property that was once in common ownership. An example is: An owner of lots A and B, with lot A abutting a public road and lot B located behind lot A having no access to a public road, sells lot B, but does not expressly grant an easement to the buyer in the Grant Deed of lot B. Under these facts, an easement is implied by law in the Grant Deed which would allow for ingress and egress over lot A, for the benefit of Lot B. In my experience, easements for ingress and egress are usually treated as transportation easements, which include the right not just to walk or drive in and out of Lot B, but also to install utilities to transport electronic signals, electricity, cable TV, gas (i.e. ingress) and sewage (i.e. egress.) However, you also need to consider the possibility that your neighbor has established a prescriptive easement for purposes of maintaining the water tank by use of your driveway for the prescriptive period of five years. Once prescriptive easement rights are established, it is difficult for such rights to be lost by non use (i.e. abandonment) merely because the neighbor has not used the easement in the last few years. You need to talk to an attorney. If your neighbor wants an easement, no one gives away property rights and encumbers their property except for consideration (i..e. the payment of money for property.) Also, if you are concerned about encumbering your property with an easement, you might consider selling a lesser interest, such as a license to access the tank, that is revocable by you at any time. Unlike an easement which usually involves a one time payment of a lump sum, a license usually involves annual payments which continue until the fee owner revokes the license. Finally, in the negotiations with your neighbor, you need to think about whether there is anything you need from neighbor (e.g. a view easement, etc.) If you want to sell any interest in your property because your neighbor wants something (i.e. easement or license to access tank), this is the best time to negotiate what you need from the neighbor, other than just money.

Probably not. More facts would be needed, but if there is no necessity, you would not be required to cater to the convenience of your neighbor.

They can try, but based on what you have said, they may not be successful. I would recommend you consult an attorney to help you with this.

No and don't give them one in any shape or form, and if they try to obtain an easement, seek the assistance of legal counsel experienced in real estate problems.

Easements are created by grant or by usage. If the neighbor has used the easement for a continuous period of 5 years then they may have a prescriptive easement. You should consult a real estate attorney to review all of the facts and advise you how best to proceed.

For the neighbor to have an easement over your property normally, you must grant that easement by deed. If you do grant the easement, it will remain with the property until you or a subsequent owner removes it by deed. The deed granting or revoking an easement must be recorded in the Office of Recorder of Deeds for the county in which the land is located.

It really depends on the situation. I suggest you contact the Idaho State Bar and ask for a referral for a real estate attorney. He or she will be able to give you a better handle on whether or not the neighbor can force an easement on your property. From your facts, it doesn't sound like it, but there may be more facts.

If you don't agree to the easement, the neighbor may ask a court for permission to cross your land. You will have an opportunity then to show why the neighbor doesn't need the easement or why granting an easement would cause you hardship.

Probably not, see an attorney with the details.