I have lived in my house with a shared driveway for 54 years the new neighbor has threatened to install a fence down the middle the driveway closing off our access to the parking area behind our house do I need a lawyer to argue my case or is this something I can argue to a judge myself I have a copy of the original survey from when both houses were built showing both houses and the driveway labeled as shared along with the old neighbors of 50 years who when asked will confirm that it had been shared for those years with no formal agreements between us simply because none was needed
What you have here appears to be a situation known as an easement by prescription. Getting such an easement enforced is not a simple matter. If you value the use of the driveway you should retain an attorney who can take the appropriate steps to try to enforce your claims.
The above constitutes general information only and should not be considered legal advice.
If you do not have an express easement outlined in your deed you are likely looking at needing to prove an easement by prescription. This is a technical area of law. Your interests will be best protected by retaining an attorney.
This information does not constitute legal advice and does not establish an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline