Legal Question in Real Estate Law in Virginia

Yes I am wondering if my neighbor can use my driveway or not. On his deed there is no right a way. The property line runs right down the middle of the driveway to which we own half and his nephew and niece own the other half but does not live in the house. He has another driveway he can use but uses ours to cause problems. He said that his lawyer told him that he could use it because he has used it for 40 years because the house used to be his home place. When I spoke to the cops they said there are certain limits to that and that is only if we have allowed him to use it for 40 years and I should get trespassing papers on him but before I do I would like to get some legal advice. Can you help me on this situation? I would greatly appreciate it.


Asked on 6/14/10, 4:04 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

The cops appear near the mark with regard to their "legal advice" on this one,

i.e., whether the neighbor's use of the driveway was permissive or not.

You might want to scheule an appointment with a local attorney who handles real property law matters in the area and to get his or her opinion on the issue and advice as to how you might best further proceed to resolve the matter.

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Answered on 6/14/10, 8:19 pm


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