What right does my neighbor have to park on my part of the driveway?

Questioner

We bought a house with a driveway. Most of this driveway is ours. We want to put a fence along the length of the driveway on our own property. But the neighbor who has been parking on my part of the driveway for 13 years is relying on Common Law. An acquaintance told me that there is an easement here (not recorded) that has not existed for 20 years and that we can prevent it. Do I have the right to do that?

Lawyer

Customary law does not yet apply here. You can terminate the use of your land, or claim it. The difference is: in the first case, you assume that there is a terminable agreement that was entered into orally or tacitly. In the second case, you state that your neighbor is using your land unlawfully. But there is a risk that the land was also used in this way by a previous resident. Is that so? You can always contact me for more information or to have a legal document drawn up.