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Prescriptive Use?


Okay, here's the scenario...
Property "A" has a curb cut that allows access from the shared access drive to Property "B". The opening in the curb is shown on both of the approved site plans, although "A" never deemed it to be an access easement.
Now "A" wants to shut down this point of access which in turn would make "B" only have one point of access and would violate our ordinance.
Would the curb cut at the edge of a property line imply access, even if none was legally granted? Now that it is built should they have to give access based on a prescriptive use?

Lee Nellis

Prescriptive use is a deep subject that usually turns on the specifics of your state's statutes and case law. Property owner B needs to advance that argument, not you, unless you can get crystal clear guidance from your community's counsel. I think A is stuck with the curb cut, because closing it is a violation, even if it violates due to B's lack of access. Both permits were presumably approved due to the access.