If you have been using a driveway for the past 40 years, can the owner of the adjacent property make you stop using it?

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If you have been using a driveway for the past 40 years, can the owner of the adjacent property make you stop using it?

They believe that 2 feet may be on their property.

Asked on April 2, 2012 under Real Estate Law, Minnesota

Answers:

Daniel Bowen / Daniel D. Bowen, Attorney at Law

Answered 9 years ago | Contributor

The question you ask raises the issue of whether you may have obtained a prescriptive easement by using the driveway even if the driveway encroaches on your neighbor's property.  How to proceed depends on the facts and what you want to accomplish. 

First do you or the neighbors have a survey showing the driveway?  If the neighbors have a survey, is the driveway shown over the line, i.e. encroaching?  If so, they may be willing to enter into an encroachment agreement.  If your neighbors actually want to shut you out you need to see an attorney.


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