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  1. #1

    Default How to Define An Obvious Property Line in a Driveway

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


    My house is in a 1920 neighborhood. By modern standards, most of the driveways in this area are small. Some, like mine are built as two driveways touching on one side.

    When I purchased my house there were two asphalt driveways touching along the length. Each driveway was installed at a different time and they appeared different (obviously two driveways). Both driveways were in very poor repair. My driveway is about 14.5 feet wide and his driveway is about 7.5 feet wide.

    The Deed to my house and appraisal does not mention any easement. My property survey marks the driveway as “Joint” and notes that my neighbor’s driveway is 2.8 over the property line. (Because of the age of this neighborhood encroachments are common.)

    My neighbor and I get along very well and about 8 years ago we decided to re-work the driveway. This was a large project since there were multiple levels of driveways to be removed. We approached this as a joint project. For aesthetic reasons, we did not define the property line in the driveway so it appears to be one wide driveway and convenient for both of us. My neighbor verbally acknowledged the property line and paid for one-half of the project in spite of my portion being physically larger. The project turned out very attractive and we have both been pleased.

    Last week I learned that my neighbor has a contract on a new house and will be selling his house. Of course this means new neighbors for me. Before I end-up in a problem, I will appreciate some advice. I also have a few questions.

    1. I am concerned that potential buyers might perceive that the property line is 50/50 and be unhappy once they have purchased the house (problems for me). During the driveway replacement project the property line pin was paved over. The survey company will be here this week to replace the property pin in the concrete driveway (I requested the most obvious one they have). I also plan to be here when the surveyor is doing the work so I can make some paint marks when he pulls the string. I plan to add some small metal markers with red caps on my property (in a mulch area on the neighbor’s side of my fence). My intention is to visually bring the property line to the attention of a potential buyer.


    2. I have investigated adding a “decorative line” to the driveway that will define the property line. While this is possible and affordable, it will detract from his home and also impact the ascetics of our current driveway. I mentioned my concern and my investigation of this project to my neighbor. His comment was, “can’t you wait until I sell the house first”. This confirmed my concern that the potential buyers might not fully understand the width of the driveway they are buying (A person with an SUV would have a very difficult problem with parking.) If this "decorative line" will protect my property line I am willing to undertake the project!

    3. I am a very friendly neighbor and hope to have the same! I am not implying that my new neighbor should take great care to always stay on their portion of the driveway however; blocking my driveway by parking on my property is unreasonable. Also, I have read about easements that occur because of continued use and do not want to present a “shared driveway” that might become a misunderstanding.

    4. I am confused by the language used on the survey. The driveway is marked as “joint” however the notation that the neighbor’s drive is 2.8 over seems to be a contradiction.

    Again, thank you in advance for any advice that could save me pains in the future. I really appreciate your good thoughts.

  2. #2
    Join Date
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    Default Re: How to Define An Obvious Property Line in a Driveway

    I am confused by the language used on the survey. The driveway is marked as “joint” however the notation that the neighbor’s drive is 2.8 over seems to be a contradiction.
    I can guess, but the people to ask are the surveying company. If they were aware of a recorded easement, they probably would have included a reference to it.

    My house is in a 1920 neighborhood. By modern standards, most of the driveways in this area are small. Some, like mine are built as two driveways touching on one side.
    A valid easement agreement might be somewhere other than your deeds. As residential property title searches typically go back only forty or so years, and disclaim liability of anything earlier, it might be a good idea to search back to 1920 to rule it out.

    I mentioned my concern and my investigation of this project to my neighbor. His comment was, “can’t you wait until I sell the house first”.
    Not a good sign. It indicates that he's OK with deception. I think you are taking prudent steps in having the survey done and having the boundary marked. I don't think you need to mark the whole line with "decorations" or whatever unless and until the new neighbor gives you a reason to do that. A very clearly marked front pin will likely provide actual notice.

    I have read about easements that occur because of continued use and do not want to present a “shared driveway” that might become a misunderstanding.
    It sounds as if the neighbor's use of your part of the drive has been with your permission and with knowledge of the actual boundary location. Permissive use is a good defense against a claim for a prescriptive easement.

  3. #3

    Default Re: How to Define An Obvious Property Line in a Driveway

    Thank you so much for your thoughts. I have such limited knowledge in this area and don't want to overlook something that I "should have done". I'll be sure to check with the surveyors about the "joint" notation on the survey. I'll also follow-up on the extended title search. Thanks again!

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