My Driveway is on Neighbor's Property

**PTee** · 05-12-2009, 07:20 PM

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

We just had our property surveyed because we are looking to fence in our backyard. It turns out that the first 100' of our driveway is located about 18" on our neighbor's property. We bought the house 2 years ago and had our driveway re-paved at that time. We did not expand the width of the drive, we merely paved over the existing conditions. Our house was built in 1925. The curb cut and apron appear to be at least 20 years old and jive with our driveway placement and width.

Our plan is to place the fence and gate within our property lines, which means placing a few of the posts slightly within our driveway. We plan on leaving the driveway where it is.

Does anyone have any other advice? Do we have squater's rights?

**LandSurveyor** · 05-14-2009, 05:42 PM

Does anyone have any other advice? Do we have squater's rights?

That would be an unknown concept here in Ohio, except in our earliest days.

There are two other possibilities:

Adverse possession.

Acquiescence.

The first is possible in Ohio, but very difficult legally. It can be done. The first requirement is 21 years of occupation and it gets more difficult from there.

The second might work if there is an apparent boundary line which has been agreed to over a long period of time by you and your adjoiner. If your adjoiner does not agree it is basically a non-starter.

Our plan is to place the fence and gate within our property lines, which means placing a few of the posts slightly within our driveway. We plan on leaving the driveway where it is.

Unless you can talk your neighbor into agreeing to a new line, that is your best and least expensive solution.

**PTee** · 05-14-2009, 06:12 PM

Thanks for your help.

**eapls2708** · 05-20-2009, 10:14 AM

You may also look into buying the small portion of your neighbor's lot where the edge of your driveway sits. In many jurisdictions this is known as a Lot Line Adjustment.

Consult with a local surveyor about that and then see if your neighbor is willing to sell you the sliver of land.