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Contact your local building department which is normally found in your city/township office, or at your county building. Most communities require a permit to perform this type of job (regardless if it is cement, pavers, or asphalt).

Normally plans for the project need to be submitted and approved by this department and then inspected. These plans would detail the property lines between you and your neighbor's home. If they did not know the property line, they would have to pay for a survey. In almost all cases the driveway must be "set back" a distance from this line. The building department will have this information. I would start with this and have the building inspectors make the first move.

Another PerspectiveThe prior answer does not apply in every jurisdiction. If you can locate your property pins or markers you should draw a brightly colored rope between them to show where the driveway encroaches over your property line. Take photographs from different angles. Then you need to consult with an attorney. If possible you should contact the attorney who represented you when you purchased your property. To cut down on legal expenses you should obtain copies of your deed, your neighbor's deed and any recorded (or unrecorded) surveys of the property from the land records office. Take it all with you when you see the attorney.

If you're correct, you would need to insist the portion of the driveway on your property be removed, or you may decide to grant a temporary easement. If you do nothing, your neighbor may eventually acquire rights. The attorney would need to perform some title work, have the property line confirmed by a surveyor and try to address the issue by a letter. If your neighbor doesn't respond and comply you may need to bring suit. The assistance of an attorney who specializes in real estate law is important in this type of problem because they have other professionals they regularly work with (surveyors, title examiners) and can pull it all together to address the problem expeditiously.

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14y ago

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