Another driveway issue

In 1998 we bought a 47 acre farm with house from the F family. At the time they also owned a 7 acre parcel on our east side and 80 acres across the road. Since then, they've sold the 80 acres and are currently building a house on the seven acres. When the F family owned the property they sold to us, they used it for all farming purposes, including moving farm equipment down the driveway that they had sited beside our east property line. After selling our property to us, they moved their farm diesel tank to a spot adjacent to our driveway on their 7 acre plot. We have had continuing discussions with them concerning their continued use of the driveway as if they still owned it, including blocking our use of our only access with farm equipment and telling contractors that it was okay to use the driveway. When confronted with this, I was told that "they built the driveway and would continue to use it". We have a gate that we don't keep locked or closed because our house is half a mile from the road and we can't see who is arriving (like friends and relatives). How can we prevent a prescriptive easement of our driveway become permanent? Seem to be too many conflicting opinions--from granting them permission to continue doing what we don't want them to do or not even discussing it with them.

ClaireC said:

After selling our property to us, they moved their farm diesel tank to a spot adjacent to our driveway on their 7 acre plot.

We have had continuing discussions with them concerning their continued use of the driveway as if they still owned it, including blocking our use of our only access with farm equipment and telling contractors that it was okay to use the driveway. When confronted with this, I was told that "they built the driveway and would continue to use it". We have a gate that we don't keep locked or closed because our house is half a mile from the road and we can't see who is arriving (like friends and relatives). How can we prevent a prescriptive easement of our driveway become permanent? Seem to be too many conflicting opinions--from granting them permission to continue doing what we don't want them to do or not even discussing it with them.

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How is your driveway on their property unless someone has an easement?

Guess I wasn't clear--it's our driveway on our property that is is adjacent to their property. They have a driveway of their own, but like to come in one and go out the other.

ClaireC said:

Guess I wasn't clear--it's our driveway on our property that is is adjacent to their property. They have a driveway of their own, but like to come in one and go out the other.

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If it is your driveway and your property, call the cops if they refuse to keep people off of it. They are trespassing. put up no trespassing signs. They sold you the property and therefore it is yours. They didn't keep a right of way to use it did they? (This would be on the deed or should be, by the way). if not tell them to knock it off or you will start charging them a toll.

A general rule of prescription is that a person can not claim prescription if he has ever owned the property. If there is no recorded easement for your neighbor to use the driveway, throw him off your land.