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easement by prescription?

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bluemiss2

Guest
What is the name of your state? IA

I own a small house in an older neighborhood. It sits on a 37' wide lot, and a similar house next door is on a 37' wide corner lot. The houses are about 11'6" apart, with my driveway running between the houses. The property line is near the middle of my driveway and I have a 3' easement on his lot where the driveway runs. ( In my abstract, it appears as though this easement went into effect in the 60's). The neighbor moved in a year ago, and has since put up a 6' privacy fence in the driveway about 2' away from his house. Even though the fence is technically off the easement, I now have a 9' wide driveway - I can barely open the car doors! Furthermore, the fence is of no advantage to him (I think he has done it out of spite). Clearly, this do-it-yourself project of his looks out of place, and anyone can see that this area is better used as a driveway. I have read about something called an "easement by prescription" and I think it applies here because the driveway had been unobstructed for decades. Can I get him to take the fence down? Does the easement line even matter here, or is it about what makes sense? Or should I be feeling lucky that this guy didn't move in years ago?
 


FarmerJ

Senior Member
You really need to see a local real estate atty , this matter is one best handled by one . the attorney would have to review your docs and would know best how to word the letter to coax the neighbor into removing the fence .Or atleast the attorney can assist you by telling you your options . try the links up top and see if you can arrange a low cost or free consultation with one of the attys listed .
 

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