I am not an attorney but you have to check the wording in your Deed to the property. If it states that you have a right of way on the driveway then your neighbor cannot deny you access. If the Deed makes no mention whatsoever of anything to do with a driveway, shared drive or access then you may have a problem.
How did you purchase it? Through a Realtor? They should have a signed disclosure by the seller stating the condition of things pertaining to the property, usually including the driveway. A Title search, if done correctly would also have turned up any wording about a drive right of way. Hope this helps.
Posted by MATT WALLS on June 26, 2003 at 01:58:35:
i purchased a home a couple months ago,the drive going to this home is about 30 foot on adjoining property.originally these properties were all one parcel.the person that owns adjoining property split them and made drive like this in 1985.in front of property is a state highway that naturally has no parking.after a few weeks property owner next door said in order to use drive i must cut his grass on his property or he will put a fence down property line cutting my access off to my property.only alternative i would have is to take down a 9 foot hill to make drive from highway. this is in the state of indiana,i was wondering after 18.5 years of being the drive that he created when he split the property up is he legally able to do this.he says he had agreement(verbal) with prior owner-which committed suicide.
Also, ask an attorney (here or yours) about adverse possession. I believe, after having access to that driveway for an extended period of time, you have basically been granted permission to use it by the other owner because he hadn’t put up a fence previously (or shown in any way that he has revoked your right of use). I’M NOT A LAWYER - SEEK LEGAL ADVICE