Legal Question in Real Estate Law in Missouri

We would like to put up a privacy fence but the neighbor says that he has a right to use our driveway because he had a verbal agreement with the previous owner years ago to use it. He has his own driveway that he can use but it is not as convenient for him. When we purchased this house last year, the title company said there was no legal easement on record for him. He says because he has used it for so many years he has that right. My question is, if we put up a privacy fence to hide his mess, do we have to leave an opening in the fence so that he can use our driveway? This house is in Missouri and we are trying to sell it. It is located in the country along a highway but have close neighbors. This neighbor has a yard littered with stuff that he buys at auctions. This even includes appliances along our driveway. People that have looked at our house have all said it was because of the neighbors property that they weren't interested.


Asked on 8/23/10, 10:06 am

1 Answer from Attorneys
Anthony Smith LawSmith

If you neighbor had been using yoru driveway in contrast to the previous owner's interests, his position might be right. But, since he wa susing it by permission, permission can be removed. As the new owenr, you hav ethe right to concel that permisison. This answer is based upn yrou assertion that ther are not documents that grant apermanent ease ment to the other landlowner. If there is documentation, then the other landowner might be able to stop the fence, or force an opening for his use. But, as it is, you appear to have no obligation to allow the neighbor to use your driveway (unless he pays you rent) without an Order from a court granting him the easement.

Good luck

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Answered on 8/29/10, 8:06 am


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