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Implied Easement and Adverse Possession

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  • 03-24-2009, 02:56 PM
    marchalbaer
    Implied Easement and Adverse Possession
    We have mile long driveway that we have shared with one other family for 7 years. We bought our land on land contract. We (us and the other family) put in the driveway together. Sharing the cost of gravel and with our husbands doing all the work. The longer part of the driveway is on the neighbors land then coming to a turn and then becomes our land. (This is confusing). So the driveway is "L" shaped with us being at the very end. Yesterday we came home to seeing the neighbor building a new piece of driveway. At the turn that is on our land he is building one right along with it but on his property now. So now he has a full driveway with all of the driveway being on his property. After talking to him he said his intentions are to sell the house and that people were interested but didn't want to have a shared driveway. So I am freaking. Along the longer part of the driveway we have a strip of land but we (both families) instead of building 2 driveways along each other we would share the expense and build just one. We (both families) decided to put the electric poles on our piece of land along the driveway. We have kept all receipts everything that shows we were sharing this driveway. So in Ohio can we have an implied easement, that will allow us to continue to use his part of the driveway even if he sells. After talking with him he is not going to sign one voluntarily, he says the shared driveway is why he didn't sell his house a little over a year ago. Help!!
  • 03-25-2009, 09:32 AM
    mudpie
    Re: Implied Easement
    I believe adverse possession and prescriptive easements take 21 years is Ohio. The most I see is a continued easement for a share driveway. (Not a lawyer). You need to notify neighbor in writing, return receipt, to cease and desist, and return your land to the previous condition. Take photos and document all conversations with neighbor.

    However if the shared-use driveway easement is not documented and recorded, neighbor may have an uphill and expensive battle.

    You need to speak to a lawyer asap.
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