My nan and her neighbor back in the 60s cut a shared driveway leading to both garages. The houses are on a hill, that sort of flattened out a bit on the property line, mostly on the neighbors side, so grating that one section to flat was just cheaper. By the 70s, the neighbor had passed, and their adult children moved out of state. The house had collapsed in and was vacant until it sold a couple years ago.
In the intervening years, she made various improvements to the drive, first having it built up, then eventually my BIL had it paved for her. By our states laws, she met every element adverse possession of that strip of land, except it being hostile, because it was initially agreed to, preventing her gaining outright ownership. She did, however, eventually apply for an uncontested ‘right of way’ over the property, guaranteeing her access, and preventing a new owner from just buldozing the driveway and forcing her to cut a new and costly one into the hill on her land.
Fortunately, the new owner was also nice about it, and despite rebuilding with access to the house coming from the side street(his lots on a corner) did not try to get the ROW moved or removed, and instead added it as a restriction onto the deed before selling the house on, removing any future owners ability to contest it.
That is interesting. I think your nan even without that agreement could apply and probably get an easement, to be able to use the drive to access her property. I’m not sure how it works exactly when Nan could build her own drive but the other is already built, but lots of people and companies get easements, not the least power companies, to access lines, oil wells, other infrastructure, etc.
Similar scenario but without the hostile element:
My nan and her neighbor back in the 60s cut a shared driveway leading to both garages. The houses are on a hill, that sort of flattened out a bit on the property line, mostly on the neighbors side, so grating that one section to flat was just cheaper. By the 70s, the neighbor had passed, and their adult children moved out of state. The house had collapsed in and was vacant until it sold a couple years ago.
In the intervening years, she made various improvements to the drive, first having it built up, then eventually my BIL had it paved for her. By our states laws, she met every element adverse possession of that strip of land, except it being hostile, because it was initially agreed to, preventing her gaining outright ownership. She did, however, eventually apply for an uncontested ‘right of way’ over the property, guaranteeing her access, and preventing a new owner from just buldozing the driveway and forcing her to cut a new and costly one into the hill on her land.
Fortunately, the new owner was also nice about it, and despite rebuilding with access to the house coming from the side street(his lots on a corner) did not try to get the ROW moved or removed, and instead added it as a restriction onto the deed before selling the house on, removing any future owners ability to contest it.
That is interesting. I think your nan even without that agreement could apply and probably get an easement, to be able to use the drive to access her property. I’m not sure how it works exactly when Nan could build her own drive but the other is already built, but lots of people and companies get easements, not the least power companies, to access lines, oil wells, other infrastructure, etc.