Q: Neighbors claim my driveway is on their property; can I argue adverse possession?
I have lived in my current home for over a year, and my neighbors have recently claimed that my driveway is entirely on their property, based on a survey they conducted. They have not shared the survey details with me. The driveway has been in place and used by the previous owner of my home for over two decades. I am considering hiring a surveyor to verify the property lines, but if the survey results confirm my neighbors' claim, I want to know what actions I can take. Specifically, I am interested in understanding if I can argue for adverse possession or another legal remedy, given the historical use of the driveway by previous homeowners. What steps should I take to prepare my case, if it comes to that?
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A: You might own a prescriptive use easement. But it will take a declaratory judgment action in Court to enter such an order. It might be easier to hire a NC lawyer to offer a purchase of a joint easement with recordation against both adjacent properties than litigate.
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