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The neighbor may, in fact, have a right to continue using your driveway. It depends on the details. Look up the term "adverse possession" and study it carefully. See if the description fits your situation.
In which state(s) would the situation described by the OP constitute effective adverse possession?
Ok, a few hours of research and I found that he has ROW. It's not on my deed but on his, also found a map. I actually think that ROW is depicted on the lot map on town website as it's actually a straight line with two numbers on it so I was guessing what was that about, I think it explains.
Not a good news but saved me $1000 for a surveryor and frustration of unnecessary confrontation with neighbor.
I wonder if there are any specifics for the ROW? I didn't find any documents, his deed just says he has ROW to his property via mine and a map.
Also how come my deed doesn't mention this right of way but his deed does? This was not disclosed during sale. Do I have any recourse?
In which state(s) would the situation described by the OP constitute effective adverse possession?
The situtation which was originally described would not have qualified for adverse possession but, rather, potentially for a prescriptive easement. It's a similar concept but entails use, not possession, of real property (most often for an easement for access). The length of the continuous use required varies by state, but in Michigan the requirement is for 15 years.
Of course, this is all a moot point since the the OP has reported that the neighbor already has an easement. The OP could ask if the neighbor would be willing to relinquish the easement, but it's unlikely that the neighbor would simply give away his easement rights.
The situtation which was originally described would not have qualified for adverse possession but, rather, potentially for a prescriptive easement. It's a similar concept but entails use, not possession, of real property (most often for an easement for access). The length of the continuous use required varies by state, but in Michigan the requirement is for 15 years.
Thanks. I knew that, but I wasn’t sure if Chas863 knew that. I was curious if the rules of adverse possession were different in his area.
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Of course, this is all a moot point since the the OP has reported that the neighbor already has an easement. The OP could ask if the neighbor would be willing to relinquish the easement, but it's unlikely that the neighbor would simply give away his easement rights.
Neighbor should be crazy to give up right of way voluntary. So now I need to figure out if I have a title insurance case or not. My deed says that my premises are free and clear of all encumbrances except of: blah-blah-blah, and there is no mention of this right of way. The deed also refers to a map which I found on town website and that's where I see the right of way easement. I also see this right of way easement on deeds associated with the neighboring property (the earliest evidence is 1988).
I'll check with real estate attorney but would appreciate input here too.
"Adverse Possession: Continuous Trespassers' Rights
Created by FindLaw's team of legal writers and editors | Last reviewed September 05, 2018
Legally Reviewed
Fact-Checked
Trespassing, the act of entering someone's private property without permission, is illegal. But when a trespasser continues trespassing for an extended period of time, the law may give the trespasser the right to stay on (or pass through) the land under certain circumstances. Typically, however, the trespasser must be living on the land exclusively, openly (without trying to be evasive), and in some case must pay property taxes or even make improvements to the property. This right is known as "adverse possession." These rights range from the right to live on the land, to the right to pass across it to get somewhere else. In some cases, these laws are helpful for homeowners who have inherited property passed down through generations but who lack actual title documentation."
"Adverse Possession: Continuous Trespassers' Rights
Created by FindLaw's team of legal writers and editors | Last reviewed September 05, 2018
Legally Reviewed
Fact-Checked
Trespassing, the act of entering someone's private property without permission, is illegal. But when a trespasser continues trespassing for an extended period of time, the law may give the trespasser the right to stay on (or pass through) the land under certain circumstances. Typically, however, the trespasser must be living on the land exclusively, openly (without trying to be evasive), and in some case must pay property taxes or even make improvements to the property. This right is known as "adverse possession." These rights range from the right to live on the land, to the right to pass across it to get somewhere else. In some cases, these laws are helpful for homeowners who have inherited property passed down through generations but who lack actual title documentation."
"Adverse Possession: Continuous Trespassers' Rights
Created by FindLaw's team of legal writers and editors | Last reviewed September 05, 2018
Legally Reviewed
Fact-Checked
Trespassing, the act of entering someone's private property without permission, is illegal. But when a trespasser continues trespassing for an extended period of time, the law may give the trespasser the right to stay on (or pass through) the land under certain circumstances. Typically, however, the trespasser must be living on the land exclusively, openly (without trying to be evasive), and in some case must pay property taxes or even make improvements to the property. This right is known as "adverse possession." These rights range from the right to live on the land, to the right to pass across it to get somewhere else. In some cases, these laws are helpful for homeowners who have inherited property passed down through generations but who lack actual title documentation."
I took a look at it and thought that it was poorly written.
It may not have been the best written, but I think it was written well enough to understand the intent and meaning of the law. Do you disagree that someone frequently traversing over another person's property unobstructed and without permission for many years could be "adverse possession" in some states?
It may not have been the best written, but I think it was written well enough to understand the intent and meaning of the law. Do you disagree that someone frequently traversing over another person's property unobstructed and without permission for many years could be "adverse possession" in some states?
I have yet to hear of a state where simply walking across someone's property would be sufficient for a claim for adverse possession. If you happen to know of such a state, please feel free to let us know.
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