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Driveways, easements, adverse possession

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AtticusFinch

Junior Member
What is the name of your state?What is the name of your state? WA

I purchased my home a year ago. I was aware there was an easement for a shared driveway for my neighbor and I, and was under the impression that the boundary between our properties was down the middle of the driveway. The neighbor was entitled to four feet on our side of the line to access his garage with a vehicle, and the same for me.

The neighbors are unable to access their garage, though, because of two rusted-out Seventies era Datsun pickups. They use the driveway as a parking lot, not allowing us free access with avehicle to our garage and backyard. Over the past year we've asked frequently what their plans were for their junk cars (a neighborly way of saying get rid of them before we have them cited), and to please stop blocking the driveway. Over the last week things became heated, with their inbred daughters hurling invective at my wife and daring us to tow their vehicles.

I checked my deed and was dismayed to discover that there is no mention of an easement on their property for my use. I walked off the measurements, though, and even that rough I learned that there was no need for them to grant access, because the ENTIRE driveway is mine.

My hillbilly neighbors have no idea of this, and my life has gained special purpose as I anticipate slapping them with all sorts of fun legal paperwork. I will likely hire an attorney and have the land surveyed before putting them in check, but have two worries:

- If they have been parking their car in the driveway for X amount of time, will that negate the easement in an adversarial possession manner?

and

- They also have debris in the space between garages, a space that I thought was shared but now suspect is all mine. Who has to remove it if it's on my property?
 


S

seniorjudge

Guest
AtticusFinch said:
What is the name of your state?What is the name of your state? WA

I purchased my home a year ago. I was aware there was an easement for a shared driveway for my neighbor and I, and was under the impression that the boundary between our properties was down the middle of the driveway. The neighbor was entitled to four feet on our side of the line to access his garage with a vehicle, and the same for me.

The neighbors are unable to access their garage, though, because of two rusted-out Seventies era Datsun pickups. They use the driveway as a parking lot, not allowing us free access with avehicle to our garage and backyard. Over the past year we've asked frequently what their plans were for their junk cars (a neighborly way of saying get rid of them before we have them cited), and to please stop blocking the driveway. Over the last week things became heated, with their inbred daughters hurling invective at my wife and daring us to tow their vehicles.

I checked my deed and was dismayed to discover that there is no mention of an easement on their property for my use. I walked off the measurements, though, and even that rough I learned that there was no need for them to grant access, because the ENTIRE driveway is mine.

My hillbilly neighbors have no idea of this, and my life has gained special purpose as I anticipate slapping them with all sorts of fun legal paperwork. I will likely hire an attorney and have the land surveyed before putting them in check, but have two worries:

- If they have been parking their car in the driveway for X amount of time, will that negate the easement in an adversarial possession manner?

and

- They also have debris in the space between garages, a space that I thought was shared but now suspect is all mine. Who has to remove it if it's on my property?
Q: - If they have been parking their car in the driveway for X amount of time, will that negate the easement in an adversarial possession manner?

A: No.



Q: - They also have debris in the space between garages, a space that I thought was shared but now suspect is all mine. Who has to remove it if it's on my property?

A: They should but won't; just move it across the line.


Get a title report and a survey before you do anything.
 

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