Q: I have a property disclosure from a seller that shows a shared driveway and now neighbor says no its not?
Both parties, the seller and the neighbors (at the time) said it was a shared driveway. One neighbor rescinded his lease purchase and moved and now the owner is saying that the driveway is not shared as there is no easement in either one of our deeds. The asphalt that comes up that driveway connects to my asphalt going around the back of my property but not the neighbors. She is now selling that house and is going to represent to her buyers that the driveway belongs to her and is not shared as I do have access (although very narrow) on the opposite side of my property. How do I seek remedy for misrepresentation under TCA 66-5-208? My 81 yr old father has a very big truck and trailer that won't go thru the open carport on the other side of the property??? It was a consideration when we bought the house and our seller's agent is the new agent for the owner of the house and she is also an attorney?
A: Both owners now have clouds on their titles. Your remedy is to hire a competent attorney to file a Declaratory Judgment for a Prescriptive Easement. Your only other choice is to drive somewhere else. A Notice Lis Pendens with the Suit will definitely get the adjoining landowner's attention.
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