Legal Question in Real Estate Law in Washington
Eminent Domain
My neighbor has been using 4ft of our driveway for the purpose of turning around etc. for 3 1/2 years. We now want that property back and do not want him using it anymore as he has abused the kindness we showed him. His mother previously owned his home and we had no problems allowing her access. He now says that we cannot put up a fence or in anyway deter him from using that particular piece of driveway because of eminent domain. Is there a timeline for this particualr situation?
1 Answer from Attorneys
Re: Eminent Domain
It is not eminent domain unless your neighbor is a state or municipality.
The phrase he's tossing around is easement by prescription. If it has only been going on for 3 years, you can write him a letter revoking his permission to use the driveway.
The fact that he claims his right is pursuant to your permission for his mother to use the property raises an issue as to whether he can tack onto her use.
In which case, he may well have an easement by prescription.
You really need to contact counsel on this one.
Hope this helps. Powell
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