• 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.

Question about OLD driveway rights..

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

R

rickou812

Junior Member
What is the name of your state (only U.S. law)? Florida

I brief bit of history about property.
The land started out as a 40 acre tract that belonged to my great grandparents. Upon their death the land was divided among their children.
The original home site had a semi circle drive that ran parallel to the highway (paved road) that has their mail boxes on it.(A picture would be worth a thousand words here..lol)
When the land was divided, the driveway was basically cut in half by the new property line. Over the years, family members continued to use the driveway and so has the mail man.
The driveway is completely unnecessary as it borders the paved road and the continued use causes the grass to be killed and the sandy soil wreaks havoc on my lawnmower.
I want the mail boxes moved to the paved road, and the drive way removed(stop being used). What are my options?
There is no legal easement, and all property involved has pave rod frontage.

Is there a way to post pictures?

Thanks
 


M

Mass_Shyster

Senior Member
rickou812 said:
What is the name of your state (only U.S. law)? Florida

I brief bit of history about property.
The land started out as a 40 acre tract that belonged to my great grandparents. Upon their death the land was divided among their children.
The original home site had a semi circle drive that ran parallel to the highway (paved road) that has their mail boxes on it.(A picture would be worth a thousand words here..lol)
When the land was divided, the driveway was basically cut in half by the new property line. Over the years, family members continued to use the driveway and so has the mail man.
The driveway is completely unnecessary as it borders the paved road and the continued use causes the grass to be killed and the sandy soil wreaks havoc on my lawnmower.
I want the mail boxes moved to the paved road, and the drive way removed(stop being used). What are my options?
There is no legal easement, and all property involved has pave rod frontage.

Is there a way to post pictures?

Thanks
Click to expand...
When was the property divided?

When did the family members begin using your driveway?

If it's been over 20 years they may be able to obtain a prescriptive easement preventing you from blocking them.

If it's been under 20 years, you can simply block the access, move your mailbox, and plant a new lawn. They can still use their half of the driveway.
 
R

rickou812

Junior Member
Stevef said:
When was the property divided?

When did the family members begin using your driveway?

If it's been over 20 years they may be able to obtain a prescriptive easement preventing you from blocking them.

If it's been under 20 years, you can simply block the access, move your mailbox, and plant a new lawn. They can still use their half of the driveway.
Click to expand...
The property was divided in the 70's.
The driveway was utilized by the original property owner before the property was divided.
Here is a link to a picture that shows what the problem is:
http://i466.photobucket.com/albums/rr24/rickou812/drivepic.jpg

The area circled is the area in question, the two lines to the house is my driveway.
 
D

drewguy

Member
What have your discussions with your neighbors/relatives resulted in? Do you really want a lawsuit to handle this?
 
M

Mass_Shyster

Senior Member
rickou812 said:
The property was divided in the 70's.
Click to expand...
So they've been using it uninterrupted for over 20 years. It sounds like they could get a prescriptive easement if they want.

At this point, your best course of action is to try to negotiate with them to stop them from using the driveway.
 
R

rickou812

Junior Member
drewguy said:
What have your discussions with your neighbors/relatives resulted in? Do you really want a lawsuit to handle this?
Click to expand...
I have discussed this with them briefly before and informed them that as long as my Aunt was living in the home, I didn't mind them utilizing the driveway. But when she passed away, (she is 95), or moved out, that I did not want the drive that went across my property utilized any more.

I do not want a lawsuit, however, I do not want this drive that crosses in front of my home to be used, when it is not necessary and it inconveniences me.

So I am seeking alternative options and need to know what my legal options are also..
 
Last edited:
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

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