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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2247
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 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year 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 year 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.

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time.