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Easement/Right of way

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UniquePF

New member
What is the name of your state? WV
To get to my home, my driveway goes through another property owners property. This driveway has been here forever. My grandfather owned the property my house is on, then my parents. My parents owned the property at least 50 years themselves. The property my drive goes through is a partial of the original property which included a total 123 acres owned by other people YEARS ago. Over the years the property was divided and sold to various people. As I said the property my house is on, has been owned by my family for nearly 100 years or more. The property owner my driveway goes through has lived there approximately 20 years now. It has been through at least 3 different property owners in my life time. So the driveway was here and he knew it when he purchased the property. But now the current property own says that since there is no written right of way on his deed to my property and home, that I now have to pay him taxes for using the driveway or he is going to close it. I do not think he can legally do that. But Where can I find law or code stating I myself or even future buyers of my home would still have a right to use the driveway which has been here long before this guy was ever born.
 


justalayman

Senior Member
To start with, have you researched to determine if there is an actual granted easement that allows for your driveway? Thst is the first thing to do. If there is, then if it comes to it you defend your rights (in court if necessary).

If there is no granted easement, it sounds like it will come down to you having to prove (In court) you have an easement by prescription (use) and due to the period of time it’s been used, cannot be denied by the servient tenant.

You may find it is less expensive to purchase an easement from the land owner (if he is willing to do so) rather than fight this out in court. Get some price estimates from an attorney or two and weigh your options.
 

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