Adverse possession only comes into play when the use is challenged and you continue to use it against there wishes for a certain length of time. If the use was with permission, which you seem to indicate that it was, then it can't be adverse, consequently you can't claim adverse possession. These matters should have been straightened out before you purchased the property, not afterward. If the owner of that property decides that he doesn't want you using his property to gain access to yours, then he has the full legal right to stop you. You might have an action against the seller for not disclosing this matter prior to sale, but it is a long shot if you are to prevail. The only time that you could make a claim of necessity is if that were the only way into your property. The fact that it might be expensive or difficult, doesn't mitigate the circumstances. The real problem will come when the present neighbors land, which you presently cross without an easement, is sold. The new buyer might not want you crossing the land and tell you to construct your own access to your property. Seeking the advise of an attorney is always good advise, however you should have had an attorney represent you at the closing, instead of getting one now after the closing. This is the reason attorneys get paid.... there are there to protect your interest, not the sellers. The real estate agent is also there to represent the interest of the seller. The mortgage company always has an attorney to protect their interest, but it isn't for that attorney to protect your interests in the purchase. I would talk to the neighbor and see if you can get an easement over the portion of the road that crosses his property. Even if you have to pay for that easement, it will still be less expensive than developing your own roadway. It is always better to approach the neighbor before he approaches you. It is also wise to offer to pay his legal expenses for the transaction. People are always more agreeable to these things if they know that it isn't going to cost them money to do you a favor. You will also need to get a surveyor involved to set the lines and give a legal description of the right of way.
