Neighbor’s death puts end to driveway shortcut

How to create a prescriptive easement

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DEAR BOB: For at least 30 years, we (and the previous owners of our property) have used a "shortcut" driveway over an adjoining owner's property to reach the paved county highway. Our property adjoins a dirt road, which becomes very difficult to use during bad weather so we use the shortcut most of the time. However, the adjoining owner, with whom we were good friends, died a few months ago. His heirs plan to sell that property. They tried to block our use of the shortcut, but our attorney obtained a temporary court injunction allowing us to continue using that driveway. As our attorney is semi-retired and not very familiar with real estate law, what should we do to save our "shortcut" driveway over the adjoining property? --Marvin M. DEAR MARVIN: Hire the best real estate attorney you can find because you have a big legal problem. Purchase Bob Bruss reports online. To obtain a prescriptive easement over a neighbor's property, your use of that driveway must be open, notorious, hostile ...