Forced Easement?

my property lines are 35' x 120'. My house is identical to every house on my street and they were all built in the 1920's. My question is about my driveway which is only 5'11" in width. My driveway is the only one this narrow out of several hundred homes within a couple miles of my residence. My driveway is over 50 years old which back then they did not make the driveways very wide.
On the side opposit of my driveway My neighbors driveway is over 8' and it runs on my property by 2'. On the side where my driveway is there is equal distance to my neighbors house. I plan on replaceing my drive within the very near future but it is very difficult to use without scrapping the side of my house. The neighbor on that side of me is against me doing anything with my drive let alone widening it by only 7 or 8". Even though her drive is encroaching on her neighbors property.

I checked the county records and there are no easements recorded for any of these driveways. I also pulled the drawings from both the county and city records of all of the property lines to verify that this information is valid.

Is the anyway that I can get an easement so that I can access my property (garage) as everyone else on my street and all the other streets in this city.

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by thompsonbk:
my property lines are 35' x 120'. My house is identical to every house on my street and they were all built in the 1920's. My question is about my driveway which is only 5'11" in width. My driveway is the only one this narrow out of several hundred homes within a couple miles of my residence. My driveway is over 50 years old which back then they did not make the driveways very wide.
On the side opposit of my driveway My neighbors driveway is over 8' and it runs on my property by 2'. On the side where my driveway is there is equal distance to my neighbors house. I plan on replaceing my drive within the very near future but it is very difficult to use without scrapping the side of my house. The neighbor on that side of me is against me doing anything with my drive let alone widening it by only 7 or 8". Even though her drive is encroaching on her neighbors property.

I checked the county records and there are no easements recorded for any of these driveways. I also pulled the drawings from both the county and city records of all of the property lines to verify that this information is valid.

Is the anyway that I can get an easement so that I can access my property (garage) as everyone else on my street and all the other streets in this city.<HR></BLOCKQUOTE>

You need to get a current survey to determine exactly where your driveway sits on your property and whether there are any encroachments either by you or your neighbor. Once this task is accompished, you wil then know whether you in fact need an easement.

Two "wrongs" do not make a "right". Just because your neighbor's driveway extends illegally over the property line does not give you the same right to do so. Have a survey done to double-check your property lines; often people forget exactly where it ends. Getting an easement will be difficult, since you'll need permission granted from the property owner (and isn't he the one that didn't want to cooperate?)