If my driveway was built on my neighbor’s property and he won’t sell, what can I do?

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If my driveway was built on my neighbor’s property and he won’t sell, what can I do?

Driveway was put in when house was built 37 years ago. I would like a new driveway.

Asked on February 19, 2011 under Real Estate Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that you need to speak with a real estate attorney in your area  as soon as you can.  There is something known as adverse possession under the law when ever you claim rights to property through useover  certian amount of years, but there are certain requirements that you may not meet. For example, it has to be open and notorious and not under claim of right.  Even though it has been technically open and notorious I think you both assumed that the drivewaywas on your property.  Or at least you did.  But check it out.  And ask about an easement as well. Maybe that will apply to your situation.  Good luck.


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