What happens if your driveway is on someone else's property?

Answer 1

You need legal advice. It depends on how you were notified, who determined there was an encroachment and your relationship with your neighbor. There are several approaches to solving the problem. You need to consult with an attorney who can review the situation and explain your best options.

• The neighbor could insist you stop using the driveway and remove the part that encroaches on their land. This is especially the case with newer properties.
• If you are on good terms the owner could grant a permanent easement that must be recorded in the land records office.
• The owner could sell you a strip of land so the driveway is located on your property.
• If there is no other access and the encroachment is long-standing you may be able to prove an easement by prescription or some other theory of law. That would involve taking the matter to court and obtaining a decree in your favor.

You need legal advice. It depends on how you were notified, who determined there was an encroachment and your relationship with your neighbor. There are several approaches to solving the problem. You need to consult with an attorney who can review the situation and explain your best options.

• The neighbor could insist you stop using the driveway and remove the part that encroaches on their land. This is especially the case with newer properties.
• If you are on good terms the owner could grant a permanent easement that must be recorded in the land records office.
• The owner could sell you a strip of land so the driveway is located on your property.
• If there is no other access and the encroachment is long-standing you may be able to prove an easement by prescription or some other theory of law. That would involve taking the matter to court and obtaining a decree in your favor.

You need legal advice. It depends on how you were notified, who determined there was an encroachment and your relationship with your neighbor. There are several approaches to solving the problem. You need to consult with an attorney who can review the situation and explain your best options.

• The neighbor could insist you stop using the driveway and remove the part that encroaches on their land. This is especially the case with newer properties.
• If you are on good terms the owner could grant a permanent easement that must be recorded in the land records office.
• The owner could sell you a strip of land so the driveway is located on your property.
• If there is no other access and the encroachment is long-standing you may be able to prove an easement by prescription or some other theory of law. That would involve taking the matter to court and obtaining a decree in your favor.

You need legal advice. It depends on how you were notified, who determined there was an encroachment and your relationship with your neighbor. There are several approaches to solving the problem. You need to consult with an attorney who can review the situation and explain your best options.

• The neighbor could insist you stop using the driveway and remove the part that encroaches on their land. This is especially the case with newer properties.
• If you are on good terms the owner could grant a permanent easement that must be recorded in the land records office.
• The owner could sell you a strip of land so the driveway is located on your property.
• If there is no other access and the encroachment is long-standing you may be able to prove an easement by prescription or some other theory of law. That would involve taking the matter to court and obtaining a decree in your favor.

Answer 2

You need legal advice. It depends on how you were notified, who determined there was an encroachment and your relationship with your neighbor. There are several approaches to solving the problem. You need to consult with an attorney who can review the situation and explain your best options.

• The neighbor could insist you stop using the driveway and remove the part that encroaches on their land. This is especially the case with newer properties.
• If you are on good terms the owner could grant a permanent easement that must be recorded in the land records office.
• The owner could sell you a strip of land so the driveway is located on your property.
• If there is no other access and the encroachment is long-standing you may be able to prove an easement by prescription or some other theory of law. That would involve taking the matter to court and obtaining a decree in your favor.