Claiming Adverse Possession of a Driveway

My question involves personal property located in the State of: Florida

My driveway goes across the corner of my neighbor's property. His land is completely vacant. I have lived in my house for 2 years. It was built in 2008. I understand adverse possession needs to occur over a 7 year period. Is it 7 years of me possessing it or does it count that it has been there since 2008?

I've offered to purchase the 100sq foot area of property from the owner but he wants 10,000 for it. Currently the lot is on the market for 99,000. He paid 75,000 a year ago. It is a 1 acre lot.

How did you determine that your driveway is on his land?

You would probably be best served by seeking a free consult with an attorney. S/he could give you a run-down on applicable laws and statutes, and perhaps estimate what the cost of seeking adverse possession might be.

How big is your lot? Is there room to move that 100 sq ft onto your own property? Has the neighbor tried to stop you using the driveway? Have you checked for an in place easement for the portion on his land?

The statute of limitation in FL is 7 years starting when the land was first possessed. So in this case, 2008. However, there are two other requirements under FL law for adverse possession.

It is 7 years under color of title, meaning that you or your predecessors had reason to believe the land was yours/theirs. Or 7 years of possession where the possessor was paying the property taxes on the land possessed. Neither one of those seems to be the case here.

With that being said, an adverse possession or prescriptive easement lawsuit could easily cost $10,000 and take years to settle. With that in mind and you want the land, I would consider paying the asking price or try to negotiate the price down on the assumption that the buyer of the neighbor's property will not get a clear title with the driveway encroachment on the property.

The neighbor could also try to have you ejected from the property now that he has notice of the encroachment.

I know that it cuts the corner of his land from the survey I got prior to purchasing my home.

My lot is 2.25 acres. I could move the driveway but it's a little more difficult because there is a drainage ditch where I would have to move it. So I would need to fill in part of the drainage ditch and then pave over it a little. Also, I have a driveway gate that is set between two concrete posts which would need to be moved as well. I don't know maybe it would cost 3,000-5000 to move it.

He said that he was closing in 30 days and all encroachments needed to be removed before he closed. This was 8 months ago and the lots are still on the market. After he said that, I told him that I had a contractor out and I could move the driveway and gate but it would block the culvert that currently drains his land so I said it may be best for both parties if I didn't do that. He said ok and I haven't heard anything back from him regarding it.

As far as the easement goes...yes there is an easement. The easement is 30 feet wide and runs adjacent to the southern border of our properties. One of the issues is that someone at one point created part of the easement a drainage ditch which is why the guy who built my house decided to put the driveway where he did instead of "making it right". There is no easement where the driveway is going on his land.

I just think he's being a little unreasonable with a 10,000 figure. I mean looking at it from his perspective I don't understand why he wouldn't take like 1,000. It's practically free money since he's selling the lot anyway and it doesn't devalue the lot at all to lose that 100 sq feet or so. I figure the next homeowner will be more reasonable.


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If you block the drainage from his property you will end up paying to fix it. Your veiled threat may have scared him but it has no teeth. You are the one that would end up paying to fix everything

well to make it even more complicated...the spot he is draining is wetlands so I'm pretty sure I could have that stopped if I wanted.

Why would I have to pay to fix his drainage? He's draining into an easement that is deemed to be an access easement. If there is a drainage ditch there then I can't access my property.

If you alter the existing flow of the water and cause him damage, not only are you liable for the costs to remedy the issue, you would be liable for any additional damages it causes.

even if he's draining into an easement that I partially own? Couldn't I send a letter stating he is encroaching on the easement? I mean it's supposed to be a way for me to access my property, not to drain.

Clarify what you mean by you partially own the easement. Who's property is the easement on and what is the stated purpose of the easement? Are you a dominant or servient tenant? What does this easement have to do with the encroachment of the driveway?

The deed says "an undivided 1/3 interest in grantor's right in and to an access strip of land further described as...etc."

So it is supposed to be a way for me to access my house but someone made it a drainage ditch which causes my driveway to veer onto his land otherwise, I would go into a drainage ditch. So in order for me to access my home properly without encroaching on the corner of his land, I would need to fill in part of the drainage ditch re-do the direction of the driveway.