Prescriptive Easements

[Professor]

I have owned my property for thirty years. About 7 years ago, the neighbor sold his property to a person who does not want to use the alley provided to access her property. It is not abandoned, just unused. It has not been vacated and is not a public alley.

She now wants access to her property via the drive that I have used exclusively for thirty years. It is complicated by the fact that the access is a right of way owned by the state of MINNESOTA. No driveways have ever been permitted on this road and there is a potential for civil litigation because her fence, deck and accessory building are encroaching my property as well.

I would appreciate input. Thank you!

[LandSurveyor]

Provide some more information on this.

How has she been accessing her property for the past seven years?

"access is a right of way owned by the state of MINNESOTA"

Is your driveway actually a MinDOT right of way?

How do you know that her deck, fence, etc. are encroaching? By how much are they encroaching?

"No driveways have ever been permitted on this road "

Is it actually dedicated limited access right of way on your road?

"It has not been vacated and is not a public alley."

If it was ever a public alley and it has not been vacated, it is still a public alley, by most odds.