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  1. #1

    Default Is There an Implied Easement?

    State of Rhode Island
    Easement/or Right of Way

    I purchased my property less than 7 years ago. He was there before me. My neighbor and I currently share a driveway which I own and no easement has been granted. The houses were built 30+ years ago. I wish to seperate our 2 properties with a fence which would effectively not give him access to his parking spots. Do I have a right to do this? He could put in his own driveway as he is not landlocked, but again currently uses mine? How do I approach doing this?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Is There an Implied Easement?

    We have no way of verifying the title history to be sure that no easement was ever granted, and no way of evaluating if a court would view the historic facts as reflecting a permissive use you can end at any time, or as reflecting some form of easement established, for example, when the neighboring properties were split. Unless you expect your neighbor to acquiesce to your plan to end his access to your driveway, or he admits that he is using the driveway solely by virtue of your grant of permission, I suggest working with a local real estate lawyer.

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