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Updated almost 4 years ago on . Most recent reply

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Ravi B.
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Easement - adverse possession by neighbor

Ravi B.
Posted

I bought this property a year ago and my neighbor who has a single family property (rental) has been using my driveway for a long time (> 20 years). The driveway belongs to me and there is no easement agreement. I did not have any objections to use driveway after I bought the property.
Now my neighbor wants to do an easement agreement so he can build garages and build a multi unit on his property. I told him I will not sign an easement agreement but he can use my driveway and he was not happy about it. He said he can go to court for adverse possession and force an easement from court. He went to the extent of saying that it's good to have him as a collaborator than fighting him.

I looked up city assessors website and both our lots DO NOT have shared driveway. Per the city website, he has space for his own driveway and may have stopped using it or it could be that both the properties were owned by single person at one point. Assuming his plan is to use his 'driveway space' to build this multi unit and force an easement for my driveway so he is covered.

Wanted to know what my options are since he has been using my driveway for a long time. I am in Wisconsin.

thank you

Ravi

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Replied

Ravi, I would talk to a local attorney before you do anything. From your description it sounds like the neighbor is a bully. Usually (at least in TX) someone can't get adverse possession just by parking a car in a neighbor's driveway occasionally. Can be very situation-specific though. Just my 2 cents. Good luck!

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