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Driveway Dispute

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TLII

Junior Member
What is the name of your state? What is the name of your state? West Virginia. I moved into this house about 6 months ago. The first conversation I had with the neighbor was about the driveway. He stated it was a common drive. I had a survey done right away. At the conclusion of the survey (6 1/2 months later) I came to find out it was was my "private drive" as my deed stated. My property would be landlocked if there were no drive between the two plats in front of me. I've offered agreements....you name it. Court seems to be the only way out. My neighbors say they have been using the drive for 32 years. I can't prove otherwise because everyone associated with this community has passed. I have a few questions regarding this: 1) How much evidence do the courts require for a prescriptive easement? Do they (Mom, dad, and two sons) just say we've been using it for 32 years and that's it? 2)Can a privacy gate be placed at the entrance as long as my neighbors have access, even if they would win a prescriptive easement? 3) How much room (width) is given for a prescriptive easement? Only what they were using? And can they get "turn around space" for their car for which they desperately desire even though there is no need? 4. Can a fence be placed on either side of the easement so as long as not to interfere with access? 5. The neighbor has admitted to my wife and I that he was given permission to use the driveway throughout this entire period. The problem; his wife found out from their lawyer they could not win the case so now attempts to recanter his statement by saying he was wrong and that no one gave him permission. Do you know any way to fool him into saying he had permission again? I apologize, but I had to throw that one in there. And lastly 6) Is there a statute of limitations on how many years he can go back attempting to try for a prescriptive easement? The last owner gave him permission for 15 years verbally. It is 1972-94 no one is alive. This is also difficult due to the angle of the drive. His drive would have been directly next to mine so no one for sure would know if several feet would have changed over the years. Any additional thoughts would be greatly appreciated. Thank you for time and consideration in this matter.

TLII
 


lwpat

Senior Member
If he can construct a drive to get to his property, that is probably what the court will make him do. Your wife can testify as to what he said about being given permission. If this is their only reasonable access, the court will award a prescriptive easement. If you don't mind the problem, have an attorney send him a letter giving him permission to use the drive. If you do mind and he can build another drive, have your attorney give him a reasonable time to construct his own drive, then block off the access. If he has other access, block it off now. If you do mind and he has no other reasonable access, get used to it.
 

TLII

Junior Member
Install Entrance Gate

Even if someone wins a prescriptive easement, is it authorized by law to install an entrance gate as long as they have access to the driveway? Thanks for the advice!
TLII
 

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