My Garage is now Landlocked!!!

What is the name of your state (only U.S. law)? Ohio
I had bought a house with an unattached garage and i have been using the garage for 6 months now and I took my girlfriend to work and then when I returned my neighbor had built a structure in front of my garage so that I can't enter or exit it now. Is this legal? He claims that it is his property. But this garage has been there since 1920 and now I can't use it because he owns 2 yards of space that I need to get in and out. That can't be legal. Thanks

unotredawe said:

What is the name of your state (only U.S. law)? Ohio
I had bought a house with an unattached garage and i have been using the garage for 6 months now and I took my girlfriend to work and then when I returned my neighbor had built a structure in front of my garage so that I can't enter or exit it now. Is this legal? He claims that it is his property. But this garage has been there since 1920 and now I can't use it because he owns 2 yards of space that I need to get in and out. That can't be legal. Thanks

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If you, or your predecessors have been using his land since 1920, you may have gained a prescriptive easement.

You need an attorney to determine if you have one, and how to prevent neighbor from blocking your access.

You didn't mention it, but there is some legwork that you should do. You should have your property professionally surveyed to know exactly where your property lines are. If your garage or access is indeed on their property, then review the language on both of your deeds to see if there are any previous easements.

These will help determine the approach you will need to take.

As Far as I know there is NOT a prescriptive easement in the deed. To better explain this I own 90 percent of the driveway i need to get my car in and out of the garage. He owns about a foot of property that I need to enter and exit the garage. He built a structure knowingly that i wouldnt be able to use my garage anymore. I have been using it for 8 months. So he has a right to Lower my house value by making my garage useless?

a prescriptive easement is not in a deed. It is an easement that is based on you using property for a determined period of time against the wishes of the owner.


and has there been a survey done so you know where the property lines actually are?

This guy claims that he owns part of my driveway but from everything that ive read online about this matter has said that it doesnt matter whos property it is and someone cannot place a structure in front of a structure that was already there to make that structure useless. Hence, him putting a box in the ground makes my garage useless which should be illegal. I have seen his property lines according to his survey but this guy is a retard he probably made it up. He claims he owns underneath my roof. That is against the law. Can I legally go out there and cut it down to get my car in the garage?
Thanks For the Responses Guys

No, you cannot damage his property. You can and should have a survey of your own done. You also might have a claim for a prescriptive easement but without more info it is impossible to determine.

I would suggest speaking with a local attorney that deals with real estate matters to review all of the facts.