I have a "shared driveway" with my neighbor. However, neither one of us has an easement on record. I am planning on "extinguishing" the shared driveway and creating a private drive next to my home. I would build a fence to run along the edge of the property line (of course, fully within my property as determined by a survey and approved by the township).
I am concerned about the neighbors claiming prescriptive easement. I am not 100% sure on how many owners there have been of their property over the 21 year period they would need in Pennsylvania (they purchased the home in 2006). I would hope the difficulty of proving the 21 year use would prevent them from claiming easement, but you never know...
My question is- even if they can prove the 21 years of use, I think they have acted to "abandon the easement," but I am not sure if what they have done constitutes affirmatively abandoning the easement?
As explanation of this, currently, I drive down the driveway that lies in the center of our properties and then pull my car off to the right and park fully within my property lines. However, they have fenced off the part of their property where they can pull off to park within their property.Their entire backyard is fenced in, preventing them to have a spot where they can park their car and not have the car be parked half on my property. So, essentially, they have NOT blocked their use of the area that would be considered part of the "easement" (the half of the drive located on my property and the half on their's), they have only prevented themselves from being able to utilize the easement as it would have been intended to be used. (I.E. they could drive up and down the driveway, but they have no area on which they can legally park their car).
Would what they have done (erected a fence to block their parking area) constitute affirmatively abandoning an easement?
Thank you in advance for any advice!