We have an issue with a neighbour and driveway access. There is a right of way easement that runs through our property to allow access to our neighbour's property up behind us. The issue is where the driveway/easement runs a large proportion of the driveway is not actually located on the easement (the driveway was installed before we bought the property); it has been in place about 12 years.
Am I able to close off the section of driveway that runs over my actual land under property law? Or am I not able to do so as the driveway has been in place for so many years? I know the neighbour could claim adverse possession, but he has to have 12 years + of continuous access?
Our neighbour moved down south about 8 years back,and has rented the property on intermittent basis ever since.But there has been many occasions where there has been nobody in his property for periods of 3+
The main reason I want to shut the access is because he never contributes anything towards the actually upkeep of the driveway, and I am forever repairing the driveway because of his tenants (most of which are druggies) and I have had enough of the situation.
Thanks.
Am I able to close off the section of driveway that runs over my actual land under property law? Or am I not able to do so as the driveway has been in place for so many years? I know the neighbour could claim adverse possession, but he has to have 12 years + of continuous access?
Our neighbour moved down south about 8 years back,and has rented the property on intermittent basis ever since.But there has been many occasions where there has been nobody in his property for periods of 3+
The main reason I want to shut the access is because he never contributes anything towards the actually upkeep of the driveway, and I am forever repairing the driveway because of his tenants (most of which are druggies) and I have had enough of the situation.
Thanks.