Prescriptive Easement – Driveway

Not all easements have been written down and show up in a title search.  The typical problem arises where someone may share a driveway, or cross over a part of another’s property on a regular basis to access their property.   All may be well between neighbors until it is not when one side blocks the access of the other.  In Minnesota, if you own Abstract property, a party claiming a right to cross your property would need to prove their use is (1) hostile, (2) actual, (3) continuous and (d) exclusive for a period of 15 years.   My first suggestion if you find yourself in this situation is to talk to your neighbor and try to work out a resolution.  If that fails, we can help.

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