0
How to prevent a prescriptive easement on my driveway which abuts neighbors easement?
Wiki User
∙ 14y ago
Prescriptive easements are similar to the concept of adverse possession. A prescriptive easement can only be created if the other party is using your property without your consent, that use is continuous, and it is "open and notorious" and adverse to your claim of perfect title for the statutory period, which varies from state to state but is usually at least a few years. Then the other party would have to sue to quiet the title to the easement in their favor. So, all that mumbo-jumbo aside, just don't let a neighbor use your property. Let them know if they are using your property and you are unhappy with it. If you are civil, most folks are willing to be amicable. If the use continues, consult an attorney about your best course of action.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Can you prevent strangers from driving on your driveway?
Yes you can, just by parking your vehicle at the end of the driveway where the strangers are unable to pull their vehicle onto your driveway. Yes, if you build a gate on the inside of your property line and clear of the public property "easement". Of course, that answer is dependant on the local regulations.
Purchased land with driveway installed by original owner and the entrance is on his land. he installed driveway 30 years ago. do we have any legal right to land?
There may be "right of way" issues that need to be addressed. If the right of way has been maintained for a specific amount of time (determined by state law in YOUR state), you can demand that the right of way be continued. If there is no specific or other right of way and no access to the land, you might want to consider a lawsuit against the person who sold the land.What you have is perhaps an "easement" question. Even if the deed does not say you have a right to pass and repass upon his portion of the driveway, you have an "easement implied in law." In other words, the owner knew about the driveway across his land, sold you the land with the driveway, and thus burdened his own land by giving you a perpetual right to use the driveway across his land. For future reference, you should amend the deed to include the easement, or obtain another signed document that describes the easement and have it recorded in the registry. This will help prevent any future owner from attempting to deny you the use of the driveway and the easement upon the driveway.
How can you prevent the creation of an easement by prescription?
The rights of an easement holder vary substantially among jurisdictions...However - in general -If the true property owner will assert his ownership rights and prevent the use that is being made by the holder(s) of the easement...the easement will not become binding and will have no force. The amount of time lapsed since the use had begun is the key, and that time varies, according to jurisdiction.
What is the use for driveway gates?
Driveway gates can serve multiples purposes. First, it can prevent other drivers from using the driveway to turn around, thus preventing markings on the cement. Second, it can prevent children from running out into the street. And third, it can prevent potential car thieves from entering the driveway to steal a car.
What does the term easement refers to?
An easement is a limited property right for another person to do something on land that doesn't belong to him, or to prevent another from using his land in a particular way. For example, a right of way is an easement which entitles a landowner to cross over his neighbour's property. There are also easements by which someone can prevent a neighbour from blocking out his access to light or a particular view.
On a legally established 50 foot wide easement can anything be placed inside that 50 foot width which would restrict usage of the entire easement?
Generally, the easement will be considered to be the dominant estate--simply put, the holder of the easement interest can prevent usage of the surface in any manner inconsistent with the puroses for which the easement was granted. That is a question of fact. As frustrating as it may be for the servient owner (the holder of the fee interest), that right is granted to the easement holder upon acquisition.
What can I build to prevent neighbors looking see right into our house?
We recently got some new neighbors and when they're outside they can see right into our house. Unfortunately, what can I do to prevent that?
Neighbor parks car over property line of common driveway restricting access to your garage Can you prevent this parking while still allowing them access to your common driveway?
draw a line on the driveway that equally separates the two sides
How is a driveway security alarm different from a home security alarm?
A driveway security alarm is different from a home security alarm in which it monitors any activities around your driveway. It can help prevent accidents from occurring and thieves from breaking into your car or house.
What is a Firewall and why is it used?
To prevent a fire coming from your neighbors adjoining home,
When entering a street private alley or driveway you must?
You must STOP - look both ways to make sure it is safe and exit the alley or driveway slowly to prevent from hitting pedestrians.
When entering a street from private alley or driveway you must?
You must STOP - look both ways to make sure it is safe and exit the alley or driveway slowly to prevent from hitting pedestrians.
