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...(yet another) Prescriptive Easement Question

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HomeGuru

Senior Member
GD007 said:
undefinedWhat is the name of your state? New Jersey

My mother has owned her home for 17 years. There is an alley way which runs behind the houses on her block, which each home uses to access their driveway. However, the alley essentially ends at my mother's home and runs into her driveway. The neighbor passes over my mother's driveway to access their home. (They don't have a driveway, so-to-speak, just a graveled area in which they park their cars). There is no easement agreement and my mother has never had any problems with neighbors in the past...until now. There is a young couple who constantly has visitors parking in my her driveway and a host of other annoying things over the years. The only reference to this "shared driveway" is in my mother's deed and my neighbor's deed which indicates "subject to any right-of-way agreements between the parties of the first and second part" (which were owners of the properties some 40 years ago). I understand in New Jersey a prescriptive easement can be obtained after 20 years. Does this 20 years run from when the driveway use first began to the present time or does this 20 year rule start over with each neighbor? We are trying to determine our rights at this point. It should be noted our neighbor's can access their home by using the public road running along the front of our homes, and they can also park on the street. Another question; if we do not have a right to cut off their access, can we narrow the entrance into their property? (The tax map of our town lists an area behind their house as a private alley way and 14' in width. The current width of my mother's driveway is about 25'.) Lastly, if none of the above can be legally achieved, can we force the neighbor's to sign an easement agreement to at least address maintenance and liability issues?

Any advice would be very much appreciated.
**A: have her call the police regarding the cars parked in her driveway.
The other issues can't be dealt with without a full legal review of the title report ,survey map, easement agreements etc.
 

shortbus

Member
For a prescriptive easement, typically the 20 yrs begins from the first use of the driveway and doesn't restart with each new neighbor. However, the use must also be non-permissive. Meaning, if your mother allowed it, she gave a "license" to use the driveway, which can't become an easement.

Much depends on the nature of the original easement grant. It's possible even if there is a deeded easement that the neighbors are using for more than they were originally allowed to.

The problem with calling the police as a first step is if the neighbors have a legal right to be there, they have grounds to claim harassment etc. against your mother. A real estate atty is the best idea.
 

HomeGuru

Senior Member
shortbus said:
For a prescriptive easement, typically the 20 yrs begins from the first use of the driveway and doesn't restart with each new neighbor. However, the use must also be non-permissive. Meaning, if your mother allowed it, she gave a "license" to use the driveway, which can't become an easement.

**A: what the heck are you talking about?
************
Much depends on the nature of the original easement grant. It's possible even if there is a deeded easement that the neighbors are using for more than they were originally allowed to.

**A: see above.
**********

The problem with calling the police as a first step is if the neighbors have a legal right to be there, they have grounds to claim harassment etc. against your mother. A real estate atty is the best idea.
**A: did you even read the post? The neighbors DO NOT have a legal right to park in the mother's private driveway.
 

shortbus

Member
We don't know what rights the neighbors have and neither does the OP. It's possible there is a valid easement, either by grant or prescription. In which case, mother has no rights to eject the neighbors.
 

HomeGuru

Senior Member
shortbus said:
We don't know what rights the neighbors have and neither does the OP. It's possible there is a valid easement, either by grant or prescription. In which case, mother has no rights to eject the neighbors.

**A: it does not really matter because I am sure that even if there were an easement agreement, said agreement would not allow neighbors to park vehicles in a way that blocks the mother's driveway restricting her egress/ingress.
You should really stop posting your lame responses as you are not qualified to be posting legal advice. If you feel that you are qualified, please post your credentials.
 

ms.magoo

Member
(yet another) Prescriptive Easment Question

Hey Home Guru, do you want me to post my credentials ? I said I was a layperson, which I am. But.................I have studied law since 1999, an also asked the opinions of what we call here, My "learned", "friends" for advice. So as long as you aren't too unimpressed with my advice, can I try an carry on with it ? Easement laws are some of the hardest to inteprete and the case laws I've read are sometimes the funniest reads I've ever read, lol. Kinda like a Mcoy an Hatfield thing. Lol. Just trying to lighten up your day. :D
 

efflandt

Senior Member
Does any survey or plat map show the extent of the alley way? My survey (and even FEMA flood map) shows an alley way at the back of my property even though there is no alley, just a telephone pole in that zone within my existing fenced in back yard.
 

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