What to do about a propertydispute if we share a driveway/private road with our neighbors?

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What to do about a propertydispute if we share a driveway/private road with our neighbors?

We have a share private drive/road to our property and the property next door. They are suing us for that strip of land. They do not own it. It is not in their tax records, nor was it included in their purchase of their house and 5 acres. Their boundary line is clearly marked showing their property. They have also harrassed and threatened us. How complicated would this be and how much to defend our rights?

Asked on July 11, 2011 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Property ownership rights are very important and need to be protected. From your question, it sounds as if your neighbor is claiming an easement to use a strip of land, drive/road on your property.

An easement essentially is a right to use another person's land even though the person holding the easement does not own that person's land.

You should review your title insurance policy for your proeprty when you bought it assuming you acquired such a policy of insurance. The title insurance policy should designate any easements of record over your property in favor of the property next door.

If the the property next door does not have an easement over your property of record, you need to protect your property rights. The best way to do this is to consult with a real estate lawyer that is experienced in easement issues.


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