undefinedWhat is the name of your state? New Jersey
My mother has owned her home for 17 years. There is an alley way which runs behind the houses on her block, which each home uses to access their driveway. However, the alley essentially ends at my mother's home and runs into her driveway. The neighbor passes over my mother's driveway to access their home. (They don't have a driveway, so-to-speak, just a graveled area in which they park their cars). There is no easement agreement and my mother has never had any problems with neighbors in the past...until now. There is a young couple who constantly has visitors parking in my her driveway and a host of other annoying things over the years. The only reference to this "shared driveway" is in my mother's deed and my neighbor's deed which indicates "subject to any right-of-way agreements between the parties of the first and second part" (which were owners of the properties some 40 years ago). I understand in New Jersey a prescriptive easement can be obtained after 20 years. Does this 20 years run from when the driveway use first began to the present time or does this 20 year rule start over with each neighbor? We are trying to determine our rights at this point. It should be noted our neighbor's can access their home by using the public road running along the front of our homes, and they can also park on the street. Another question; if we do not have a right to cut off their access, can we narrow the entrance into their property? (The tax map of our town lists an area behind their house as a private alley way and 14' in width. The current width of my mother's driveway is about 25'.) Lastly, if none of the above can be legally achieved, can we force the neighbor's to sign an easement agreement to at least address maintenance and liability issues?
Any advice would be very much appreciated.