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fence installment

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E9697Hope

Guest
What is the name of your state? What is the name of your state? Ohio
I purchased my property almost 9 months ago. Last week, my neighbors began installing a chain link fence dividing our common driveway on what I assume is exactly the property line. This fence makes my portion of the drive unable to be used. I do have a drive connecting on the other side which I am currently using to access my property. My week has been spent talking with local zoning, sherrif's report (as suggested by zoning), prosecuter's office (as suggested by zoning) to no avail. They suggest this is a civil matter for which I must hire an attorney to resolve. I neither started this, nor did I ask for it. My contention is that this common drive is basically a right of way easement, used for the same purpose as the adjoining property (access to said properties). This is how it has been for more than 20 years (this is a century home/not sure about theirs) and should pass the test of existence at purchase and continuation during my ownership. This also qualifies as an example of adverse possession in that this common drive has been in open use since its existence. I don't want their property, I just want continued use of the common drive I have used since purchase. Please advise me how they can legally install this fence, first of all exactly on the property line, secondly, in the middle of a driveway, and lastly, without my permission. Do I indeed have to file a civil action to remove the now complete fence? I cannot believe that with all my reporting from the time the posts were first being set, that nothing short of a court case could stop or end this unrequested breech of my rights to access my property. In addition we also have a well easement to the well on their property which we also share. It grants the original parties and all successors forever the right to enter upon the land for drawing water and maintaining the lines and well. Please advise me of what we are looking at.
 


FarmerJ

Senior Member
I think you really need to sit down with a lawyer and talk about the driveway . As you know many yrs ago long term neighbors often had simple oral agreements with each other because they trusted that the right thing would allways be done . In my Old nieghborhood there were many homes that shared sewer/water main taps because they were good nieghbors /friends etc . (and those things were all dug by hand back then so the cost was a factor in sharing them . ) So go consult with a lawyer to see what you can do since the none of the other owners of the 2 propertys put anything about the driveway in writing .
 

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