Easy answer: Today, yes. But since it has been over 10 years you may very well have the legal right to a permanent easement, called an "easement by prescription. You should either initiate that suit or wait until the neighbor tries to block you and then seek an injunction along with that claim. you will have to show a number of factors in addition to the 10 years, the most significant being the use has been "adverse," that it, the neighbor had not been giving consent and has no made objection for a continuous 10 year period. You should speak with a real estate litigation attorney soon.
This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.
Leonard is correct again. I submit your arguments will be strong for an easement if your use has been continuous for ten years. An experienced attorney should be able to help with this one.
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