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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2192
Experience:  Experience in residential real estate and commercial leases.
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A driveway that I used for years now is determined to be on

Customer Question

a driveway that I used for years now is determined to be on neighbors land and they have recently discovered this and now putting up a fence. Do I have any rights for an easement??
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 month ago.

Hi, I'm John. Welcome to JustAnswer. I'm reviewing your question now, and will post back with your reply momentarily.

Expert:  J. Warren replied 1 month ago.

I am sorry you are dealing with this situation. Yes it may be possible to be granted what is referred to as a prescriptive easement. This works very similar to adverse possession of land. You may also have a claim of adverse possession of the property. You would have needed to use the strip of land for 20 years however. This is also true for a prescriptive easement. This can be reduced by 7 years if the area was described and included in your deed (basically a mistake in the description of the property lines).

Unfortunately, any action is going to require the retaining of a local attorney to assert a claim. Even if you have not used the driveway for 20 years a local attorney may be able to negotiate a fair resolution to this matter and attempt under the threat of action to get the neighbor to be reasonable.

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