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My neighbor has a 25 foot easement on the property next to

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my property and they are...
My neighbor has a 25 foot easement on the property next to my property and they are over on my property with their paved driveway. They moved to the property in 1994, but the easement is older than 1994. What can I do?
Submitted: 5 years ago.Category: Legal
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Answered in 24 minutes by:
4/1/2012
Lawyer: lwpat, Attorney replied 5 years ago
lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25,387
Experience: Actively practicing trial attorney
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Thank you for your question and for using JA.

When did they install the paving.
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Customer reply replied 5 years ago
Paving was installed in 2004.

The American Legion owns the property thier easement is on.


Lawyer: lwpat, Attorney replied 5 years ago

If you don't take action, they will gain an easement on your property. An easement by prescription is where someone’s property is used for an extended period of time without objection. An example would be where a driveway leading to one property crosses the corner of the neighboring property as it enters from the road which is exactly what you have here,. If this use continues uninterrupted, the use will become a permanent right. The requirements for establishing an easement by prescription are similar to those for adverse possession. The claimants must establish, by clear and positive proof, that they have enjoyed the use of the property for at least twenty years, and that such use has been adverse, under claim of right, continuous, uninterrupted, visible, exclusive, and with the knowledge and acquiescence of the true owner of the land. Pevear v. Hunt, 924 S.W.2d 114 (Tenn.Ct.App.1996); House v. Close, 346 S.W.2d 445 (Tenn.Ct.App.1961); Nashville Trust Co. v. Evans, 206 S.W.2d 911 (Tenn.Ct.App.1948)

You will need to take some action to prevent it from becoming a permanent easement. You can draw up an agreement that their use is permissive and have that recorded if you do not have a problem with the paving. That would appear to be the case since you have waited this long to do anything. Any local real estate attorney can properly draft it for you. good luck

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Customer reply replied 5 years ago
Does it change anything if others use the part of the drive that is over the line? A Saddle Club(horse show) opperates on the American Leigon property and has done so for over thirty years. I don't know how long ago the encroachment started because I have only owned the property for six years and just found out about the problem. I do not want them using it and would like to stop them because the people that own the driveway are a huge pain.
Lawyer: lwpat, Attorney replied 5 years ago
Your action would be against the party that paved the drive. They cannot claim an easement based on someone else's use.

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