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Discussion in 'Easements & Right of Way Law' started by exhibitapd, Apr 8, 2012.

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  1. exhibitapd

    exhibitapd Law Topic Starter New Member

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    Hello from MA, We are having trouble with our neighbors that live to the right of us, they have lived there since 5/2009 and as of last summer 2011, they took a fence at the top of the driveway down and they think this driveway is theirs. The property line crosses the driveway between our houses, as it does on many other homes beside us, The driveway to the left of my house goes with that neighbors house, it has for 30-50 years, even though part of it is mine, I respect that, no problems. It states in part “ with benefit of easement and right of way of record” in our properly description, the driveway has been paved and used for this house for at least 50 years, we purchased it from a friend of ours that moved here in 1962 and his mom lived here until 2007. The neighbors do not need to access this for any reason, and they have always had all their vehicles, up to 4-6 on their driveway to their right. Any advice you can give us would be nice. I do not want to go to court.
     
  2. army judge

    army judge Super Moderator

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    You may not wish to go to court, but that's the only way this will be settled peacefully.
    Why not try discussing this with them?
    Ask them what they wish to accomplish.
    You might also look into the theory of adverse possession.
    You have a mess.
    You might have been better off NOT buying property with such problems.
    Too late for that now. That ship sailed. You might also wish to discuss this with a real estate attorney.
     

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