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  1. #1
    Join Date
    Aug 2007
    Posts
    2

    Question Driveway Issue in New York

    I recently purchased a home that has a driveway encroachment. Now I understand that to be that my driveway goes over my neighbors property slightly. The problem is the neighbors claim it is a shared driveway and I have no information in my chain of title that states that and they have admitted that it was always just a "verbal" agreement and they have no proof of that in their title. I also have a seller's affadavit from the previous owners that distinctly states there is no common driveway or right of way.
    Another problem is, is that in the past, I am not sure which previous owners of my property allowed it, but the neighbors paved from their house right into my drive, so at first glance it could appear as a shared drive. The neighbors have no garage back there and they actually have a driveway on the other side of their house. I have a lawyer working on it, but I am looking for some other advice. I am not sure what my legal rights are at this point. The problem stems from the fact that the property lines are not straight, but a slight angle. I am not worried about paying for another survey of the property or even some legal fees, but I am trying to find out exactly how complicated it could be. Thanks.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Driveway Issue NY

    Quote Quoting karenb1278
    View Post
    ...
    The problem stems from the fact that the property lines are not straight, but a slight angle.
    ....
    All lines are at an angle.

    But did you get a survey when you bought the land?

  3. #3
    Join Date
    Aug 2007
    Posts
    2

    Default Re: Driveway Issue NY

    All of the lines are at an angle. The only survery we have is from 1980, I thought they performed a survey and at closing realized they had an old survey.

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