Driveway Encroachment

**franco** · 10-28-2009, 05:17 AM

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

The house was built in 1970. We bought it in 2000. It turns out the driveway is 3 ft over the vacant lot. A developer bought 4 lots next to us in 2004. He built a house on 3 lots of land and sold it two years ago. He left the single lot where our driveway extended to.

Because there is a tree, it'd be expensive for us to move the driveway and we will also need to change the walkway configuration etc in order to have enough room to enter the garage - very costly.

The developer demands $25000 from us to buy his lot (0.1 acre, about 50ft wide, too small to build anything, town zoning employee said) - He paid $6000 in 2004. Assessment is $1000.

I think our case fits the condition for "Prescriptive Easements".

I want to settle the issue but can't spend too much money. If I threaten to go to court to claim adverse procession, would he have a chance to win? I don't want to lose and have to pay for his ransom price for the lot or spend a fortune to cut down a tree and build a new driveway and walkway.

Thank you.

**Mr. Knowitall** · 10-30-2009, 08:03 AM

The driveway was installed when?

Has the owner of the strip of land asked you to remove the encroachment?

**mudpie** · 10-30-2009, 10:23 AM

In Connecticut, the period of adverse use must be at least fifteen (15) years. Connecticut Code §37-40; 47-25.

**anutherwun** · 11-03-2009, 12:01 PM

Hi I also live in CT. I have been reading this forum for years but this is the first time I have replied. We have lived in our home for over 20 yrs. Over 3 yrs ago we were sued. We have an excellent case for a prescriptive easement but nothing is easy. I just wanted you to know that this has been a living nightmare. The guy suing us wanted a jury trial but we are now going to have a judge decide. $30,000 so far and it is not over. We just want to drive back and forth to our home. We are not in the country but a big city we are not not talking about acres but a few feet. Well my point is whatever you decide it is going to cost you one way or another. I hope it all works out for you.