My neighbor and I have been sharing a driveway for years, but he recently put up a fence that cuts right across the middle of it. Now he’s saying his property line gives him the right to block my access completely. I always assumed we had an easement by prescription because we’ve both used it openly for so long. I’m not sure where to even start with this or what my options are.
That fence move sounds really frustrating. If you two used the driveway openly for years there might be an easement by prescription and that could complicate things. It usually takes a long uninterrupted period of use to prove it so collect dates and witnesses.
First steps check the papers Your deed may mention a formal easement or show the boundary. The next move is to hire a surveyor and confirm where the lines actually sit. Then look for any recorded easement with the county.
That claim about a clean right to block access can feel off. It often takes more than a casual memory to lock a driveway behind a gate. If you have used it openly that might count for something but statutes around easements by prescription vary. And really the problem might be who pays for maintenance more than who owns the land but that is a separate layer. Is that how it works on your street?
Maybe look at this as a practical access issue not a moral clash. The driveway is a shared space and the easement question is about safe access for both homes. If you reframe the talk around use rules and maintenance rather than ownership you may find a more workable path.
Set up a short talk with your neighbor. Bring along records of use a rough sketch and any deeds or notes. See if a simple agreement can fix who goes first for access and how to handle maintenance. If the issue centers on an easement you can talk about what counts as access and maintenance.
I sometimes wonder if these shared spaces are a test of how we treat neighbors. The easement idea sits in the middle and there is rarely a clean yes or no. Perhaps the best outcome is a quiet agreement that respects both sides even if it leaves some things unsaid.