What does your title insurance policy say ?
Do they insure the easement ?
According to the title company, the easement is not ours. Unfortunately, no one informed us of that when we bought the home. I was wondering if we qualify for a prescriptive easement since we have been using the driveway for so long and if this will also apply to our buyers.
Oregon law provides that easements by prescription can be created if an individual uses that area under color of title (believes that they have a legal right to use it) for a period of at least 10 years of uninterrupted use. Since you have used it for over 10 years, you acquired an easement by prescription and the neighbor cannot prevent you or any purchaser of your property from using it.
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