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dflorave

Cousin lost driveway to neighbor...

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My 78-year-old female cousin lost her driveway to a new neighbor.

My cousin lives in a gated rural community where all own cabins, but lease the property (99 years) from the association. The leased property has never been surveyed, and is not recorded; however, the total association property (i.e. woods, lake, leased land, etc.) is recorded. All leased property is measured by "frontage" length, and some corner markers, where they still exist.

The new neighbor petitioned the board for the driveway, and won it. My cousin did not get a chance to respond to the board and defend her position that it was her driveway, although my cousin has maintained and improved the driveway for 38 years (My cousin is a former member of this board, and not well -liked by current board).

My cousins access to her cabin is now hampered, as she cannot easily walk up the hill.

Can she get her driveway back through legal means??

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I'm not really sure what it means for your cousin to have "lost her driveway." What I can discern from your post is that this "loss" occurred as a result of an action taken by some sort of "board" or "association" -- presumably pursuant to the terms of a master lease or some such other document. Without knowing (1) the specifics of what happened, (2) the terms of the master lease or other document, and (3) the state where this happened, it's impossible to say much of anything other than that your cousin should be consulting with a local attorney for advice.

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