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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111683
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Someone has purchased the lot beside me but my house has the

Customer Question

Someone has purchased the lot beside me but my house has the last accessible driveway as the property beside me is mostly rock and steep with no way to make a driveway. My driveway is narrow and runs up under my deck. Therewas no homeowner before me therefore no rights given as we made our driveway. What do i need to do to make my driveway inaccessible?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally, he would have to pay to make his own driveway. He cannot just use your driveway, that would be trespassing. If he tries to do so, you need to inform him of that. However, if there is no other way to access his property, he could actually sue you for an "easement by necessity" so even if there was no previous homeowner before you to give easement rights, when someone's land is "landlocked" they can seek to claim the access to their land through a easement by necessity.

Thus you cannot just "make my driveway inaccessible" and you will have to be prepared to negotiate a reasonable price for access or they can sue you for the easement by necessity.

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