Legal Advice on Right of Way
I seek your guidance regarding a long-standing issue involving a shared road between my property and my neighbor's. For the past 50 years, both of our families have been using a common pathway approximately 10 feet wide to access our homes and vehicles. Out of this pathway, 3 feet belongs to me, and the remaining 7 feet was part of my neighbor's property.
However, about 5 years ago, my neighbor's son was involved in a fraudulent activity. As a result, the victim of this incident forced my neighbor to register half of their land, including part of this pathway, in the victim's name. Now, the new owner of the land (the victim) intends to block the road. If this happens, I will only have access to my 3-foot portion, which is insufficient for my vehicle.
For further context, my neighbor has another access road to their property on a different side.
I have two main concerns:
My issue: What legal options do I have to ensure continued access to a road wide enough for my vehicle? Can I claim a right of way or easement based on historical usage?
My neighbor's issue: Is there any recourse for my neighbor to challenge the forced registration of their land to the victim?
I would greatly appreciate any advice or insights on how to address these issues.
Thank you in advance!