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Jack R.
Jack R., Lawyer
Category: Real Estate Law
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Experience:  Mediator, part of the Ohio Save the Dream Foreclosure project
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I have a shared driveway with my neighbor, but I own about

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I have a shared driveway with my neighbor, but I own about 90% of the driveway property. My neighbor must drive over my property to get to his garage that is on his property. The garage has been there for about 40 years. They have always had permission to drive over the property for entering and exiting but not parking on the shared section of the driveway. They are now trying to claim "squatters rights" to have an easement contract drawn up so they can sell their house, but I refuse to sign. Can they claim "squatters rights" if they have always had permission to use this driveway as explained? I feel like it falls under "neighborly accommodations" There is nothing on file with the city, county or on the deed of either house and the original owners of both properties are now deceased. Thank You
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Jack R. replied 1 year ago.

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It appears your neighbor is trying to obtain what is known as a "prescriptive easement".

I believe this is what is being referred to incorrectly as 'squatters rights" Someone can acquire an easement over another's land for a particular purpose if he uses the land hostilely, openly, and continuously for a set period of time. In Ohio that means 21 years or more. All element must be met openly, hostiley, and continuously for 21 years or more.

 

In evaluating your situation the time requirement appears to be met (over 40 years), use was open in that you could observe the use. However the last component hostiley requires that the use be done WITHOUT your explicit permission. Since you gave permission your neighbor cannot claim a prescriptive easement

 

Based on your description you can stop your neighbor from claiming the use of the driveway though "squatters rights".

 

There are other types of easements that can be created and these may be applicable and require more facts then presented here.

 

If you found this answer informative please ACCEPT my answer by a rating of 3 stars or more. If you have follow up questions please ask.

Jack R., Lawyer
Category: Real Estate Law
Satisfied Customers: 6147
Experience: Mediator, part of the Ohio Save the Dream Foreclosure project
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