Submitted by Swimming on Tue, 08/24/2010 - 08:09
Posted in
I'm going to sell my home in the next year of so. I've known for three or four years now, since he put it in, that my neighbor's driveway is on my land (partly). I told him when he built it and even showed him the plot plan. We agreed he would do 'something' about it and that it was ok for him to leave the driveway as is for a few months. Well, now I wonder if that was a mistake? How should I do this?
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encroaching driveway
An encroaching drive, or any other structure, which is improperly on your property can become a problem, if left alone. Your neighbor would acquire a prescriptive right to keep it on the property after 20+ years. The initial way to deal with this is first to speak to him again. Advise him he needs to do something about the driveway now. If he doesn’t respond well, then you need to look at other alternatives.
No matter what choice you make, you will first need to have a surveyor come down and mark out the property line. Look at the papers you received when you purchased the property. See if there was a plot plan done. If so call the surveyor and see what he would charge. If not, then call any surveyor to get it done. Once it is marked (hopefully in orange paint and nails, not simply stick and flags), you should get a good set of photos. Look at your old photos also to see if you can show that no one was using your land prior to the driveway being created.
You then have options: take direct action to re-occupy your land, block access to your side of the drive or sue your neighbor to remove the same. The first two options may create problems for you.
You should consult an attorney before taking any action to make sure your neighbor has no right to use the land. You may not know it, but he may have an easement on record. It should be checked. As with any litigation, preparation is key to winning. A good lawyer who is prepared for litigation can often end a dispute without having to go to court. Get good assistance and advice. Find a good lawyer.
Kevin W. Gaughen
Gaughen, Gaughen, Lane & Hernando www.gaughenlane.com