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Driveway??


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#1 jcmiller_4095

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Posted 20 July 2012 - 10:23 AM

I`ll try and keep it simple. We live in the state of Arkansas and have owned and used the same driveway for 24 years. Our neighbors have resently sold there land and had their trailer re-possed. Therefore tore the fence down to remove trailer, a fence that was there for several years even before we moved in. The new owner throw the old fence away and had it surved and said driveway was on their property and so was the three feet to the driveway. So, they moved a house on were the fence went and are going to rent the house and use our driveway. I would like to put a fence back up maybe not exactly were it was but as close as I can get it. I can get statement from previous owners that the driveway has always been for my property for over 30+ years. What can I do?? I aslo believe that in the State of Arkansas that you can not move or build a house with in 3o feet of a diveway without owner consent. Is this correct ?? I need help!!! Please.

Edited by FindLaw_AHK, 20 July 2012 - 10:30 AM.
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#2 pg1067

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Posted 20 July 2012 - 11:48 AM

There are parts of your post that are impossible to understand. However, I think what you're saying is that you used part of your neighbor's property for your driveway, and the new owner of the property wants to put a stop to that. It is possible that you may have acquried something called a prescriptive easement or easement by use. If you want to enforce that, you'll need to speak with a local attorney to review the relevant facts ASAP.

#3 jcmiller_4095

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Posted 20 July 2012 - 12:07 PM

I want you to know that I appreciate you replying to my question. That is pretty much what I was getting to. As far as I know, I have nothing as far as a easement. I have takin your advice and contated a local attorney. I have a consultation Monday. Thank you!! :)




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