Bought a property with a shared driveway. No where in the deed of either property does it describe an easement. With a little research I found a lawsuit from 04’ that claims each property owner has access to 12ft deep by 80ft of the others property. I want to put a fence in so I went to measure out the easement from the properties markers. There isn’t even 24ft between the houses where theeasement should be. I have the required 12ft clearance on my property but the neighbors house looks like they have an addition that now blocks the easement I should have on their property. Is there anything I can do? I would love to just void the easements since there is room on the other side of both houses for us to put our own driveways in. Is that possible?
You need to hire an attorney before taking any action. An attorney can ensure that you are interpreting the 04 court decision correctly. You don't say when the houses were constructed, or whether they could have been constructed after the 04 court decision. Therefore, I can't tell whether, from your description of the situation, whether the condition of your neighbor's property is inconsistent with the easement or whether both properties are inconsistent with the easement. It could be that after the 04 court decision, the former owner of your property and your neighbor agreed to the current situation, even though it did not conform to the court decision. You need to talk to an attorney who can help you decide what to do next. It may be that you want to obtain relief from the seller of your property. Or, you may wish to hire the attorney to see if it is possible to get the court decision vacated. Good luck.
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