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  1. #1

    Default Do My Neighbors Have A Legal Right Of Way

    Hello....I have lived in my home in WV for 10 years. When I purchased my home, my neighbor had 2 trailers above his house in which he rented. The persons renting the trailers used what I believe to be my driveway. When he removed the trailers, I found out that one of his children were going to build a house there. I had contacted a lawyer to see if I could have him stopped from using my driveway. The lawyer said that if they used the driveway for 10 years or more that there was nothing I could do. I ask them if they would extend their mothers driveway just like they did mine. Of course they said no. I ask the persons from who I purchased the property from if they had given my neighbors any rights to used the drive way. They said no and I have miss placed my deed, but I'm sure my deed doesn't say anything about a right of way. Okay........You have to cross a small bridge to get to my home and my neighbors who now share this driveway. A flood has damaged this bridge and I contacted the correct person in order to get finanical help from the state. They too have contacted the same people and they are saying that we both get money to fix the bridge. They don't like my cute old bridge and wants to revamp it in a different way. I want what I paid for. He is telling me that his deed says that he has a legal right of way, my deed states different. If there was a legal right of way given to my neighbors, would their be something documented at the court house, other than in the deeds? They built their home around 4 to 5 years ago and ever since they have been there, they have not offered any financial help to me to maintain the gravel or the bridge. The only thing they are looking at now is a 3,000 dollar check from the state for "their part of the bridge"

  2. #2
    Join Date
    May 2008
    Posts
    19

    Default Re: Do My Neighbors Have A Legal Right Of Way

    Easement laws by state vary, and you leave out alot of important information. Number one, you need to get your deed (see the Register of Deeds for your county). Two - you need to see what your neighbors deed has (Again Register of Deeds will charge you a small fee). You can then compare them and see what it says. Otherwise if it isn't in your deeds then the statures vary greatly from state to state, but if ten years is the required time period to gain a prescriptive easement - then you may be out of luck. However there are some things that you (and an attorney you hire - hint hint) might consider: Find out from an attorney how they may have changed the scope of the driveway by deciding to build a house, what the statutory limit is for adverse possession or prescriptive easement, etc... Good luck.

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