Legal Question in Real Estate Law in Wisconsin
Shared drive-way
When purchasing our country home we signed a contract that allowed another party to share our driveway. We were told that if this person has used the driveway for more than 25 yrs., they have the legal right to keep doing so anyway. My question: If the party has the land availabe to create a driveway to access his buildings and properety, can we contest this document and force him to create his own drive?
2 Answers from Attorneys
Re: Shared drive-way
After so long a period of use, you neighbor
could indeed be entitled to an easement
by prescription. The law in this
area is amazingly complex and fact intensive, though,
so I would need a detailed history in order
to give you any serious evaluation. Feel
free to send a private e-mail. I would need
a complete 30 year history on the parcel,
and would also need to know the details ass
to how the lots were first divided.
Re: Shared drive-way
The fact that the neighbor has another access is
irrelevant. If you sign a shared driveway agreement,
it will control. Whether your neighbor has created
an easement for himself by adverse possession is
another issue. Generally, he must do so in an
"open and notorious" fashion, to the exclusion of
others. You would need to see an attorney to
get an opinion in that area.
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