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Another Shared Driveway

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Gintomo

Junior Member
What is the name of your state (only U.S. law)? South Carolina
My driveway which is all on my property but was shared with my neighbor. Due to a son moving home and addition of a garage made it impossible to share driveway with neighbor. it was a nightmare trying to move cars in and out. I told the neighbor they had to park elsewhere. The neighbor balked but did put in a new driveway on the other side of the house. The neighbor states that I am in the wrong for making them move their parking. They say there is a SC law which says if they use the property so long they cannot be made to give up their parking right. I cannot find any legal documents that state the driveway was legally shared.


Am I wrong, what can be done to legally reclaim the driveway?

Thanks
JohnWhat is the name of your state (only U.S. law)?
 


154NH773

Senior Member
Am I wrong, what can be done to legally reclaim the driveway?
You don't need to "reclaim" the driveway. If he wants to go to court and claim a right by adverse possession, then he will have to prove 20 years of such use. The fact that you permitted him to use the driveway would defeat such a claim.
Tell him to stay off your driveway. If he trespasses, have him arrested.
 

drewguy

Member
You don't need to "reclaim" the driveway. If he wants to go to court and claim a right by adverse possession, then he will have to prove 20 years of such use. The fact that you permitted him to use the driveway would defeat such a claim.
Tell him to stay off your driveway. If he trespasses, have him arrested.
Unless, of course, by "shared driveway" he means the other guy has an easement allowing use of the driveway on the poster's property.

Note, also to succeed on adverse possession the use has to be without your permission. It seems to me that allowing him to use the shared driveway (without an easement) is use by permission.
 

154NH773

Senior Member
Of course drew is correct that there can be no easement. You cannot unilaterally rescind an easement if one exists.

Drew, the OP did say:
I cannot find any legal documents that state the driveway was legally shared.
I was just sharing advice based on that statement.
 
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