What is the name of your state? WI
My wife and I have lived in our house for 9 years and have been using the same access to our garage since then. The original garage was in the same place, and when it was torn down, our new one is in the same spot.
We have a "shared" driveway, that is only listed as such on the Real Estate listing when we bought it, but not on the deed or on legal description.
The new neighbors have been there for 6 years. Dexter, who is our neighbor has been saying that he could close down that driveway at any time and that we'd have to enter through the other side of our driveway, since there is access. However, this would not allow entrance for cars into our garage. Dexter says that we'd have to cut a new hole in the garage to gain access.
I have spoken with a lawyer about this and we're going to sue for a prescriptive easement. Dexter said we can use the driveway, but if we ever sell, he's going to force the new owners to find different access. The house we live in is over 100 years old and the garage (and previous) have been in the same spot for over 50 years. Our key witness grew up in the house, and is a Federal Judge in Milwaukee. He grew up in the house as his parents built the house and is going to testify that our garage is in the same place as the old one, and that access to such has been in existence for over 50 years.
I've tried telling Dexter that he's not going to win, but he insists that prescriptive easement will not apply since he's not denying access to the property since we can still come in from the other side. We're friends, or at least I thought we were, with Dexter and his wife, and I think this is going to end that. But, in the same sense, we want a legal document that will stay with our home, our children, and any new owners.
Does anyone know of instances, or cases, that would shed light on this...at least according to Wisconsin Law? I want to have as much information to provide my lawyer with, so the research won't cost me too much. Plus, I want to read on it as well for personal info.