• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

right to driveway

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

aga

Guest
I live in SC. Our driveway is 100% on our property. Our neighbor uses it to get back to her property instead of cutting in her own drive on the other side of it. We gave her permission for only her son to use it while he lived back there, but now she is renting, and even worse to people who throw out
trash.

Anyway we got our attorney to send her a letter to stop her from using it. She's suing us for use.

1. She said people that owned the property many years ago gave them a verbal easement to use it.
2. She said the driveway is county owned because it had a name back in 1951. The county said it is not county owned.
3. She said according to the uncertified survey from 1951 the dashes showing where the driveway is show it 1/2 on us and 1/2 on her. The certified onw we just had done do not.
4. And worst of all, she wants a jury trial, because the women who actually owns it is her mother-in-law and she is 90 and hunchback, she looks really pitiful.

She's never maintained the driveway and said she never will. So we're counter-suing if she wins use for her half of the maintenance since 1994 when she began using it.

Legally I think we could win, but when the jury sees that poor old woman they may decide against us.

What's are chances to win?
 


HomeGuru

Senior Member
aga said:
I live in SC. Our driveway is 100% on our property. Our neighbor uses it to get back to her property instead of cutting in her own drive on the other side of it. We gave her permission for only her son to use it while he lived back there, but now she is renting, and even worse to people who throw out
trash.

Anyway we got our attorney to send her a letter to stop her from using it. She's suing us for use.

1. She said people that owned the property many years ago gave them a verbal easement to use it.
2. She said the driveway is county owned because it had a name back in 1951. The county said it is not county owned.
3. She said according to the uncertified survey from 1951 the dashes showing where the driveway is show it 1/2 on us and 1/2 on her. The certified onw we just had done do not.
4. And worst of all, she wants a jury trial, because the women who actually owns it is her mother-in-law and she is 90 and hunchback, she looks really pitiful.

She's never maintained the driveway and said she never will. So we're counter-suing if she wins use for her half of the maintenance since 1994 when she began using it.

Legally I think we could win, but when the jury sees that poor old woman they may decide against us.

What's are chances to win? [

**A: zero to 100%.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top