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Shared driveway?

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michaeljessi

Junior Member
What is the name of your state?What is the name of your state? Florida

I recently bought a property that has a driveway between my house and the neighbor's house. According to the survey, 8 feet of the driveway is on my property. This only leaves 6 feet of property between his house (at the closest point) and my property line. The narrowest point is caused by an unpermitted addition to his home prior to him purchasing his home 15 years ago.

Additionally, there is an unfinished detached garage that straddles the property line. Half is mine and half is the neighbors. The doors to his portion are on his property as are mine. I have been given permission by city planners and permitting to demolish my half of the structure as long as I maintain the structural integrity of his half. undefined

I would like to erect a fence down the property line, but the neighbor is claiming rights to the driveway because "it has been that way since he can remember". There are no recorded easements or recorded documents showing a shared driveway. The properties were never owned by the same person.

I have read that Florida does not recognize implied easements. Is there anything that I should be concerned with?

I have been given the green light from the city planner, permitting, and the attorney who handled my closing.

I would like to make sure there is nothing that I am overlooking in this matter.
 



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