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  1. #1

    Default Neighbor is Replacing Driveway That Butts Up to Mine

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

    my neighbor is replacing his asphalt driveway with concrete in the next week or 2. our driveways butts up next to each other. there is no easements or anything. for them to replace his driveway to the same point it is now it would require them to dig up some of my asphalt drive to build the concrete forms. and my guess they plan on using my driveway to do the work to his. can i refuse to allow them work on his driveway using mine? and can i refuse to allow them to dig up any of my drive to build to forms even if they are going to fix it?

  2. #2
    Join Date
    Dec 2008
    Posts
    629

    Default Re: Neighbor is Replacing Driveway That Butts Up to Mine

    You haven't indicated where the property line is located in relation to the driveways. Do you have a valid survey showing where the property line is in relation to the driveways? Once you know the property line then you'll have more information about what they can and can't do. If the line is right down between the two driveways and there is no easement then they can't use your driveway without your permission and can't dig up any of yours to form the new one. Just because they aren't supposed to do this doesn't mean they won't, easier to ask forgiveness than permission especially if you aren't home when they start.

    I would make a few suggestions to you: Take lots of pictures of your current driveway so if there is any damage you have it documented. Find out exactly where your property line is. After finding the property line, I would contact the contractor who will be doing the work and ask them exactly what their plans are for this job and how the plan to fit it all within his property lines without using or damaging your property. After all this if you want to give them permission to use your driveway as access to the neighbors that's up to you.

  3. #3
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Neighbor is Replacing Driveway That Butts Up to Mine

    Along with what yyz0 has written, keep in mind that your City or Town either owns or has a public right of way where the road right of way line is located.

    Often, the driveway "flare" will be in this right of way, and many driveways become blended this way. But even if the portion of your drive you're worried about is in the city ROW, still take those pictures. You may not own the land under your drive, but you do own the materials from which the drive is made. You should expect that your drive be put back to it's original condition once construction is complete.

    Lastly, as a member of the public no one can legally block your access to your drive.

  4. #4

    Default Re: Neighbor is Replacing Driveway That Butts Up to Mine

    property line is down the middle and there are survey markers. i took a string and ran it down the driveway over the weekend and marked the property line every 8-10ft with small nails hammered into the asphalt about 1/2'' onto my property

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