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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99929
Experience:  Lawyer
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A portion of my driveway falls on my new neighbors property.

Customer Question

A portion of my driveway falls on my new neighbors property. They have advised me I am no longer able to use it. It is one solid piece of pavement spanning 4 duplex units but the property line is angled. There is no registered easment or right of way but this unit has used the property since 1988 (28 years) as the driveway's all flow into the ground drain on my property. Is there a way that I can stop by neighbor from restricting use of the parking spots?
JA: Has the use of the property been open and obvious to the property owner?
Customer: Yes The duplex beside me was owned by the builder for three years (then the current yes owner bought it 2 months ago and have just advised we cant use it
JA: Has anything been filed or reported?
Customer: file or reported to whom?
JA: Anything else you want the lawyer to know before I connect you?
Customer: there are no filed right of ways or easements if thats what you mean
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 8 months ago.

What province are you in please?

Customer: replied 8 months ago.
Bc. I believe it's. Prescriptive lease but that is no longer valid?
Customer: replied 8 months ago.
Expert:  Debra replied 8 months ago.

Why do you say this is no longer valid?

Customer: replied 8 months ago.
I thought the land title act was changed so that prescriptive use could no longer be used?
Customer: replied 8 months ago.
the resident of this building (still owned byt the original builder - it has just always been rented) has been parking in the driveway for 28 years. Only this week did the new owner decide we can no longer park there.
Expert:  Debra replied 8 months ago.

When did your property get transferred over to the Land Titles Act system?

Customer: replied 8 months ago.
im not sure it is - that why i need help. We live in bc so i am not sure what law applies
Customer: replied 8 months ago.
its a residence in a cul de sac
Expert:  Debra replied 8 months ago.

I just did some research and the law throughout BC is the same and there is no longer such a thing as a prescriptive easement.

As there is no easement registered on title you cannot use the easement without consent.

I am sorry I cannot come up with a solution for you aside from paying the neighbour a licencing fee to allow you to use the easement.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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