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  1. #1
    Join Date
    Jul 2011
    Location
    Alabama
    Posts
    3

    Default Deeded Driveway and Issue with Owner My Driveway Passes

    My question involves an easement in the state of: Alabama

    I have a deeded driveway from the state highway to my property that I live on (about 100 feet). I own the driveway and pay taxes on it! There is a business that uses the entrance of my driveway for their business (used car dealership). Their deed says LESS a 12' private drive with no easement, right-of-way, etc. They keep fussing about dust on their cars. Why someone would put a car dealership next to a dusty, gravel driveway is beyond me. I'm to the point that I want to fence off my driveway with a privacy fence but they can't access their business then. They do have about 100' of road frontage but they will have to have a small drive put in over the concreted ditch. Can I legally do this? They have no easement, conveyance, or right-of-way to the driveway. The way the driveway goes next to their property, they don't have any property on the other side of my driveway.

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Deeded Driveway and Issue with Owner My Driveway Passes

    If they are so worried about dust, perhaps approach them with a maintenance agreement - they agree to pave and maintain the drive for the length of their property in order to keep dust down, etc. It's usually best to be good neighbors and come to a mutually beneficial agreement rather than start building spite fences.

    If there can be no meeting of the minds then...

    The term "LESS" is a legal term that can also be defined as "EXCEPTING."

    I'm assuming that the exception for the 12' private drive is the drive in which you own.

    Have you checked the entire chain of title? An easement does not have to be in the deed which conveys property to them - it can be in a completely separate instrument and be valid.

    The last thing to consider is the length of time they have been using the drive - have they satisfied the statutory time period for prescription? If so, they may have the right to sue for a prescriptive easement in court.

    I would meet with a lawyer before putting up a fence - if he or she finds no written or unwritten rights to the drive by the dealership, then you may be able to build the fence.

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