QUESTION
We have a security gate on a 20' right-away driveway-been there for decades-this gate falls 5' on the new neighbors land-can the gate stay legally?
Asked on Sep 18th, 2019 on Civil Litigation - Minnesota
More details to this question:
The driveway is our access to our property. The driveway goes through the neighbor's property and has a 20" right away. The gate is 10' wide. Can our gate remain in it's current location?
1 ANSWER
Because the gate has been there, openly and continuously, for so long, you may have a right to have it remain based on adverse possession and/or easement by prescription. However the exact requirements for these claims vary by state, and I'm not familiar with Minnesota law, so you should probably consult a local attorney.
Answered on Sep 19th, 2019 at 3:17 PM