Posted on: 17th Aug, 2010 07:36 pm
My 'new ' neighbor claims they own 18" of our driveway and want to build a fence on the very edge of our driveway. should we pre-empt this with adverse possession claim. We have lived here 10 years, and the driveway has been here much longer.
thanks
thanks
Hi kSS,
You should immediately contact a real estate attorney and take his opinion in this matter. He would guide you as to what steps you need to take in order to stop your neighbor from building any fence on the edge of the driveway.
Thanks
You should immediately contact a real estate attorney and take his opinion in this matter. He would guide you as to what steps you need to take in order to stop your neighbor from building any fence on the edge of the driveway.
Thanks
I'm agreeing with James here, too. Get some legal advice right away. You may also need a survey (or your neighbor might - but that's for later on). A good lawyer will give you the advice you need to try to handle this situation for the benefit of both you and your neighbor.
It's a delightful way for a new neighbor to move in, isn't it?!
It's a delightful way for a new neighbor to move in, isn't it?!
Yes, consult an attorney but do some leg work first --
I assume you have a mortgage. What does the location survey say? You may not have received a copy; lender would have and usually will be happy to fax you a copy.
Become familiar with the term "adverse possession" in relation to easements.
I assume you have a mortgage. What does the location survey say? You may not have received a copy; lender would have and usually will be happy to fax you a copy.
Become familiar with the term "adverse possession" in relation to easements.
Not every mortgage requires a survey, so you might not find anything out by contacting your lender. I don't disagree with Guest, though - you may as well check with the lender in the event a survey was done, and you also ought to take Guest's advice about doing some learning on your own.
First, have a survey done to see if the driveway actually encroaches on the neighbor's property. If it does, you may have a claim under adverse possession. Consult with a real estate attorney about that.
