Driveway Crosses the Property Line

[Claudiag]

My question involves real estate located in the State of: Minnesota

My husband and I purchased a home on a Contract for Deed
We went and applied for a license to put up a Fence
Come to find out the Driveway that was repaved by the (Owner)
was paved 2 feet over the property Line which is not (his) ours...

Is this a violation of the Contract For Deed
We were under the impression that the driveway was OURS and have been using it as ours for 3 years now

We would never have agreed to the Contract if we knew that the whole Driveway was not ours because there is no off-street Parking...
In fact we are the only ones on the Block with a Driveway

Thank You

What should we do???

[eapls2708]

Can you get the seller to sawcut and remove the two feet across the line and widen it two feet on your side?

[Claudiag]

I was looking to get out of Contract for Deed
I really don't want to stop making House payments
I have always made them on time
But the Balloon is due 11/11/11
and we just don't have it
Also there is a promisary note

[eapls2708]

The answer almost certainly depends upon the contents and terms of your contract. You need to consult with a real live attorney. Internet advice won't cut it.

The driveway may or may not be a factor.

[flyingron]

By all means, contact a lawyer, but frankly, I don't think you have too much hope. This is the sort of diligence you need to have done at the time you entered into the contract.

[Mr. Knowitall]

The purchase occurred how many years ago?

[Claudiag]

3 years ago