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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Is there a rule that says you can have permanent use of a

Customer Question

is there a rule that says you can have permanent use of a driveway if you have used it for 11 years and this driveway is access to your property? this driveway has already been used for fifty years prior to this to access this same land
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Roger replied 9 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Yes, it is possible to acquire an easement by prescription (prescriptive easement) by using the access for a certain number of years.

Expert:  Roger replied 9 months ago.

Thus, if the drive has been used by you and predecessor owners for at least 21 years, you could claim that you possess this type of easement.

Expert:  Roger replied 9 months ago.

Hi - please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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