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Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 57738
Experience:  Experienced lawyer
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My new neighbor in VA says that I can no longer use my

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My new neighbor in VA says that I can no longer use my driveway because its their property and they just had it surveyed. My family has been using this driveway for over 72 years. This is my property. what do I have to file in court to show that my family has acquired a prescriptive easement or in the alternative a right of use through adverse possession?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Has any paperwork been filed?
Customer: No. I don't know what to file. I was hoping you could help.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no.

Hello and welcome. I am working on your answer and will be right back!

from facts mentioned you have an easement and have had continued use. In such a situation he cannot object and you both need to agree on shared use.

Customer: replied 1 month ago.
Do I have to file a claim with the court saying as much?

If he interferes with the use, yes. If he objects but doesnt interfere, no.

Customer: replied 1 month ago.
He is demanding that I cease parking in the driveway.

You may object and see what he does. If he interferes or if you want to go on the offensive, file in court or have a lawyer retained locally to note your rights to use.

Customer: replied 1 month ago.
Thank you!

Very welcome

Kindly click on a 5 star rating.

Bonus always appreciated.

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