Results 1 to 2 of 2
  1. #1

    Default Neighbor's Property Line Lies on Our Driveway

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


    We purchased our house in 1985 with a driveway bordering our neighbor's fence. It was later discovered that our driveway encroached on our neighbor's property line by about a foot, along the entire length of the driveway. Our survey in 1985 indicated that our driveway was within our neighbors property line by about a foot. Our old neighbors didn't care, but nien years later, they moved away, and a new family moved in, who conducted another survey and brought up the fact that their property line extends about a foot further onto our driveway, past their fence.

    The problem is that our neighbor has since planted tall thin bushes that run along the side of the fence closer to our actual property line. Since our driveway is small and narrow, this causes our cars to be scratched when moving up and down the driveway unless the bushes are trimmed. We also live on a very busy road, at the bend of a blind curve, and the height of the bushes at the end of the driveway, makes it difficult to see cars coming from the direction of our neighbors house when exiting the driveway.

    We have tried all methods of diplomacy that we know of in order to compromise with our neighbor, including an adjustment of the property line extending ours to the where the driveway lies, and offering an equivalent lot off of our property in the back of the house. They refuse to remove the bushes, and we often trim them, but it seems like there must be a better, more permanent solution.

    It seems to me like there should be some sort of prior existence eminent domain statute that states that given the circumstances, the property line should be adjusted to where our driveway stood before we purchased the house, in the interest of fairness and "reasonable person" tests that are so prevalent in our great country's laws of the land.

    Appreciate any insight here, thanks.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Neighbors Property Line Lies on Our Driveway

    Eminent domain is the process by which the government takes property away from property owners for use to "benefit the public good" or spur economic development.

    Unless you're the government looking to steal property to give to WalMart, I don't think you can claim eminent domain.

    What you MIGHT be able to claim, however, is accidental adverse possession. Contact a local attorney to see if this is viable in your jurisdiction. You can read more about adverse possession here.

    1. Sponsored Links
       

Similar Threads

  1. Driveway Crosses the Property Line
    By Claudiag in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 02-15-2011, 09:39 AM
  2. Premises Liability: Safety of the Driveway Outside Property Line
    By jm2011 in forum Accidents and Injuries
    Replies: 2
    Last Post: 01-09-2011, 08:25 PM
  3. My Driveway is on Neighbor's Property
    By PTee in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 05-20-2009, 11:14 AM
  4. Driveway - Distance from Property Line
    By Mictian in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 04-25-2009, 09:31 PM
  5. Driveway Over Property Line
    By eliann in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 04-03-2008, 10:18 AM
 
 
Sponsored Links

Legal Help, Information and Resources