ShouldI be concerned about statue of limitations or adverse possession, if I let me neighbors used our shared driveway easement?

We have residential house with shared driveway. Neighbors park in driveway because they can’t park in the back due to a swimming pool in the back year. And our backyard is not paved for parking. I’m OK with neighborhoods parking there since we rent out to tenants who do not have car. Occasionally, drive way is shared when needed. My concern is adverse possession if this goes on for an extended period of time.

Asked on October 17, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

To obtain a right to have one's property through adverse possession, the property taxes for the used property must be paid. In your case this does not seem to be an issue but the neighbor's use of the shared driveway could possibly result in a claim for a prescriptive easement if certain stepos are not taken care of.

A defense to a prescriptive easement claim is that the use of one's property was permissively given. In your situation if you allowed your neighbors permission to use your driveway, technically their use would not result in a prescriptive eassment claim. To safguard your interests you should have an attorney experienced in real estate draft up a "license agreement" between you and your neighbors stating that their use of your property is permissive. This agreement needs to be dated and signed by you and a copy kept in a safe place.


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