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Survey results I can't use my driveway

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1CentShy

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

http://www.resemblesreality.com/MyOldHouseToday/files/pictures/2/2/20100203182024_1_1.JPG

I purchased a 50-100 year old home in the heart of town. In the picture above you can see the sidewalk cut out for the driveway on the right side of the house. It has a gravel driveway.

On the left side of the picture above I have an 8ft easement from 1946 for access to the back yard; however, since then there has been a telephone poll placed barely out of the picture. I currently have to pay additional insurance on this easement.

The week I was closing on the house, I hired a surveyor to survey the property. My neighbor has a car lot in his back yard. The next day my neighbor hauled gravel in to make a second driveway. This second driveway is on my side of his house overlapping my driveway.

My surveyor told me he removed some of the old survey stakes to "avoid confusion"; however, he staked off the property where there is a survey stake about 1'6" into my driveway. If his survey is right, there is not enough space for my jeep to fit in the driveway; however, it is clear to see the previous owners of my house have used the driveway for many years.

I had plans to pour a concrete driveway. I asked my neighbor if he would mind granting me an easement so I could pour a concrete driveway. He refused, and let me know that he doesn't want me parking in my driveway.

After all this during a conversation with my surveyor, my surveyor let it slip that he is friends with my neighbor on that side.

By the way, remember that 8ft easement I have to pay insurance on. According to this survey it extends approx 1'6" into my other neighbors house.

I paid the surveyor $450 but I don't care about that. All I want is to use and concrete my driveway.

What should I do? What are my options?
 
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1CentShy

Junior Member
No feedback? Does that mean the house I bought with a driveway no longer has a driveway? Am I going to have to park a block down the road?
 

Zigner

Senior Member, Non-Attorney
No feedback? Does that mean the house I bought with a driveway no longer has a driveway? Am I going to have to park a block down the road?
You may want to consult with a local real-estate attorney.
 

drewguy

Member
1) If you think the surveyor was inaccurate, hire someone else to do a new survey. If the results are different, you could consider reporting the inaccuracy to whatever board regulates surveyors. Or leave it at that. If it's right, then on to step 2.

2) You might be able to obtain a prescriptive easement based on long-time use of the 1'6" strip in dispute as a driveway for access. You would need to consult an attorney to do this.

3) The fact that your property extends into your neighbor's house (on the other side) based on the most recent survey does not really affect your claims. It may, however, suggest that the survey was incorrect.
 

Machinist

Junior Member
personally

Do not ask for permission, you'll just reset the clock for 10 more years. In fact, its better he said no. If he said yes, then he revokes permission in writing a week later the clock restarts. Its what a property attorney friend of mine does to eject people.

You need all of these things to stay:
Benson v. Fekete, 424 S.W.2d 729
open, notorious, continuous and uninterrupted user of land for the prescriptive period ...

In fact,
"The existence of a gravel road provides the requisite notice to third parties of a prescriptive easement"
-- Fortenberry v. Bali, 668 S.W.2d 216 (Mo. Ct. App. 1984)

That prescriptive easement not just for access. If it has been used for parking then it also applies. [Custom Muffler & Shocks v. Gordon Pshp., 3 S.W.3d 811]

Keep using the driveway INHO if the gravel road as a driveway if it has been there for more than 10 years as a parking space.



Disclaimer. Not a legal opinion.
 

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