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Occasionally questions will arise regarding the impact of the apparent use of your property by a neighboring property owner. It may contradict the property lines in your opinion, such as eg widening a driveway etc. If the neighbor takes this action it is often seen as exercising a right contrary to your property interests.
If a neighboring property owner takes such action, it could simply be a mistake where the property line is being set. Or the neighbor may be attempting to establish an inferior ownership right or prescription rights to acquire part of your land.
To establish a final legal right to acquire property through prejudicial measures, there must be 20 years of uninterrupted ownership. This adverse possession must be hostile from the start, persist as such, and be visible to the actual owner. Permissive (or permitted use) never matures into prescription or adverse use.
For a presumption of right of way to be presumed, circumstances must generally appear to have been arranged in favor of the claimant, accompanied by a claim to a right, or as if the actions expressed an intention, regardless of it to enjoy according to the wishes of the owner.
Should an intervention occur, one way to resolve the issue is to have a professional survey of the boundary lines for the lots. If there is a dispute, politely reach out to the neighbor to discuss what appears to be a property line fault. If the neighbor objects and you are confident in your position, but the stakes are not high enough to take legal action, consider giving the neighbor a “license” to keep the driveway extension (or other improvements) in place . By granting the license, the lawsuit is no longer disadvantageous. So they shorten the time to detect adverse possession when there is actual occupation.
The content of this article is intended to provide a general guide to the topic. In relation to your specific circumstances, you should seek advice from a specialist.
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