Have Legal Questions? Ask a Lawyer Now.
If you don't take action, they will gain an easement on your property. An easement by prescription is where someone’s property is used for an extended period of time without objection. An example would be where a driveway leading to one property crosses the corner of the neighboring property as it enters from the road which is exactly what you have here,. If this use continues uninterrupted, the use will become a permanent right. The requirements for establishing an easement by prescription are similar to those for adverse possession. The claimants must establish, by clear and positive proof, that they have enjoyed the use of the property for at least twenty years, and that such use has been adverse, under claim of right, continuous, uninterrupted, visible, exclusive, and with the knowledge and acquiescence of the true owner of the land. Pevear v. Hunt, 924 S.W.2d 114 (Tenn.Ct.App.1996); House v. Close, 346 S.W.2d 445 (Tenn.Ct.App.1961); Nashville Trust Co. v. Evans, 206 S.W.2d 911 (Tenn.Ct.App.1948)
You will need to take some action to prevent it from becoming a permanent easement. You can draw up an agreement that their use is permissive and have that recorded if you do not have a problem with the paving. That would appear to be the case since you have waited this long to do anything. Any local real estate attorney can properly draft it for you. good luck
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).