More details to this question:
Neighbor claims easement for 3 foot set back along my driveway adjacent to my house. I can not park in the portion of driveway along my house due to said set back limiting width of driveway to 8'- 6" I believe original property line provided 10' of driveway width. Purchased in 1996 I was not made aware of said easement and was not advised to do property survey at that time. In the years since I purchased my house, street parking is now at a premium. I am trying to use my driveway for 2 car tandem parking not just one car parking. Question, if this is Adverse Possession or an easement actually exits with the city as my neighbor claims, would this matter if pursued by me in small claims court have a possibility of resolving in my favor?
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Unfortunately this is not the type of dispute that can be determined by a small claims court. A title search would be able to clarify if there is actually a recorded easement and if there isn't it is up to your neighbor to file a suit for a prescriptive easement to establish that they have the right to use the property. Alternatively you would have several claims that you could file in a regular unlimited superior court action to resolve this matter.
Thanks,Jon
Answered on Jun 05th, 2017 at 12:04 PM