HELP!!! My neighbor is trying to claim prescriptive easement and her property isn’t landlocked!!!!

[Ashly1985]

Texas
We are in the process of buying land from our long time friends. Our friend has given us permission to be on the property to do whatever we need Before our closing date. The new neighbor lady has come out every time we are on the property stating the many different ways in which she has rights to drive on the private road that runs through our property (utility easement only) and has no physical proof that she has access to this road. The neighbor has a driveway of her own to access her property. Her driveway is approximately 10ft from our driveway running parallel With each other. Her latest claim is a prescriptive easement and easement by necessity. Her son also lives on the back of her property and would have access to his mother’s driveway if she “didn’t have too many cars that they won’t all fit if I park them a different way.” She has plenty of land to park her cars on. Can my neighbor be granted a prescriptive easement because she would rather use our asphalt driveway rather than her dirt driveway?

sidenote: she abuses the road. People park on it or hang their cars out in the middle of it.
She has lived on the property for 20 years and has used this driveway like it was hers for no purpose & she also owns the property that her sons tiny home sits on.

 

[adjusterjack]

What does "in the process" mean. If you and the seller have both signed the purchase contract and are in escrow it's probably too late to address it now and you'll have to wait until after you own it and she does something wrong. Then you hire a lawyer.

If you haven't signed the contract yet, you'd be wise to back away and tell your friend that he needs to address the problem and get it fixed before you even talk about buying.

 

[Ashly1985]

We are currently in escrow. I guess my main question is can you be granted a prescriptive easement if the land my neighbor has access to her property via her own driveway located on her property? This land has changed hands from the previous owner ( the owner that has had the property since 2009) about 3 months ago to the current owner which is the person we are buying it from. There was never any claim of a prescriptive easement until about a week ago. Can you claim a prescriptive easement if you failed to do so before the original land in which you are trespassing on has been sold to someone else?

 

[Mass_Shyster]

I guess my main question is can you be granted a prescriptive easement if the land my neighbor has access to her property via her own driveway located on her property?

Only a judge can answer that question with authority. You're buying a lawsuit.

 

[LdiJ]

Only a judge can answer that question with authority. You're buying a lawsuit.

I agree, but since she is not landlocked and it appears to be a convenience issue, hopefully the judge would deny any prescriptive easement or easement by necessity.

 

[zddoodah]

Can my neighbor be granted a prescriptive easement because she would rather use our asphalt driveway rather than her dirt driveway?

For that reason? No. For some other reason? Maybe.

She has lived on the property for 20 years and has used this driveway like it was hers

That is what may make her prescriptive easement claim valid.

I'd strongly suggest you consult with a local attorney before completing the purchase and buying your way into a situation that will give you headaches for years to come. As one of the prior responses mentions, you are buying a lawsuit.

easement by necessity

Nothing in your post suggests this is a reasonable possibility.

my main question is can you be granted a prescriptive easement if the land my neighbor has access to her property via her own driveway located on her property?

You're mixing up prescriptive easement and easement by necessity. As the name suggests, an easement by necessity may exist where the easement across the servient estate is necessary for access to the dominant estate (e.g., with a "landlocked" property). A prescriptive easement is an easement that arises from use of the servient estate by the owner of the dominant estate. Essentially, it's the concept of adverse possession applied to an easement. I'd suggest googling "prescriptive easement requirements texas" for more info.

Can you claim a prescriptive easement if you failed to do so before the original land in which you are trespassing on has been sold to someone else?

That's exactly what you said is happening, so it should be obvious that it can happen. Also, this is not an impediment to the validity of the claim -- especially since the existence of a prescriptive easement requires the passage of some amount of time.

 

[FarmerJ]

In those 20 years she has been there just how many times has this place you want to buy been bought and sold to new owners ? Just so you know a good example of prescriptive easement would be when a neighbors water or sewer line crosses part of your property because at the time it was installed there was no other option or it had been that way for so many years like houses in old nieghborhoods that had shared sewer taps , SO after you talk to a Lawyer do look into what the cost would be to have this lot surveyed and install fencing down that side of your lot and make sure its at least 4 to 6 inches into your side of the lot line.