Shared Driveway

[hurlermom2005]

Hi,
I live in Illinois. We bought our house six years ago with a shared drive and the neighbors followed 3 years later. They are the most uncivil people we have ever met. Well, she thinks she is going to put up a fence going down the shared drive. She had a land surveyor come out and mark "her" half of the property and thinks she can legally do this because it is "her" half of the driveway. The city has issued the permit and is allowing her to do it because I cannot provide proof that this a shared drive. The county recorders office has nothing on it. I have contacted the people we bought the house from and they lived here for 40 years and it has always been a shared drive and all the seniors that still live in the neighborhood know and say it is too. I don't know what to do!! She knows she is wrong and she is about to get away with it.

 

[NC Aggie]

Well unfortunately, unless there is a recorded easement, then she is within her rights. You may try obtaining a prescriptive easement but depending on the laws of your state, you may or may not be successful.

 

[jman42]

40 years of continuous use? Seems like an implied easement to me or certainly a prescriptive easement could be obtained.

But what do I know? I'm going to be going through the same thing (50 years of continuous use).

Contact a RE attorney right away - that's what I plan on doing this week.