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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53995
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I live in SC where 3 residents use a drive that belongs to

Customer Question

I live in SC where 3 residents use a long drive that belongs to my uncle for 20+ years. He owns land on both sides and as I turn into my private drive I have to cross about 2 feet of his property which he has allowed from day one. He is now mad at me and placing a fence on my side which is on his 2 foot leaving me a narrow drive. Is he allowed this and can he close me off or make me have to take a footpath to get to my property.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Richard replied 8 months ago.

Good morning Heath. My name is ***** ***** I look forward to helping.

Your uncle is not going to prevail in his stance. If your uncle won't voluntarily back off, you can file a suit to quiet title with the court to ask the court to grant you an easement based on of the following: i) an easement by necessity because you would otherwise be landlocked; and/or ii) a prescriptive easement based on your long-time usage...which is similar to adverse possession except it's based on usage rather than ownership so the result is you get an access easement rather than an ownership of the property. Once the court grants this easement, you can record this court order in the real property records of the city/county in which the property is located, and it will have the same legal effect as if your uncle had granted the easement.

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