Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
My sprinkler system and a section of my driveway are actually imposing on my next door neighbor's yard just as the neighbor on my other side has a roof tht slighly imposes on mine. I don't have an issue with the neighbor's roof.
The entire area of the encroachment is approximately 800 square feet and is in a subdivision. The covenants foresaw such encroachments and indicate that as long as the offending structures are maintained and were part of the original construction, there is an implied easement.
There is no animosity between us and it is "not an issue" but I may want to add some trees in the future and do want to extend a parking pad. The extension would NOT encroach on his property. Future trees might, but that is not even on the table right now.
I must add, I believe the HOA will reject my driveway extension application because it will put my driveway closer than 10 feet from the property line. I can't find anything about a 10' requirement in the county regulations - they are not in the HOA covenants, many driveways run right on the property line, and driveways are exempted from being deemed structures in the greenville county ordinances so are not subject to setback requirements.
----
I realize that lawyers and deeds and a surveyor would be involved, but what is the cleanest way to clean up the issue?
So - does anyone know anything about a 10 foot driveway from property line requirement? [Unincorporated part of county]
Does the county-mandated 5 foot side lot utility easement prevent one from installing a driveway? The subdivision has been established for a number of years and there are not any lines where I want to extend the driveway. I know sewer lines ran right under the driveway in our old home.
Would it be better to ask the neighbor if he would sell me the offending swath or ask him to commit to an Easement [and he may be willing to to neither - and then, I really can't do anything about it because it is his land] ----the covenants do allow for lot lines to be recut. As is, he is most amicable, but you never know who will move in down the road and I would rather have it all cleared up.
I would recommend contacting the attorney who did the closing. They will be able to give you more information about your owner's title insurance policy, which may help in this situation.
Have you talked to the neighbor about it at all? try to bring it up sometime if you see him outside, then gauge the reaction. Maybe he won't care at all. you should send in an architectural review form, worst they can do is reject it, then you can appeal. I'm going through a process like that right now because of a mistake I madxe with my fence.
I wouldn't allow any of that encroachment crap personally, if its my land its my land, I don't want my neighbors roof fence trees or anything else on my property. HOA's shouldn't be able to grant an easement, its not up to them, its up to the property owners. your builders/surveyors must have done a terrible job on your neighborhood if both homes encroach on one another.
Oh and I live in pickens county and my driveway actually meets with my property line, sits right on the edge, so not sure about the 10ft rule.
There is a good reply on the other thread you posted about this subject.
Driveway extension-Talk with planning and zoning. Traditionally what you propose won't be an issue other than your understanding that if a utility company plans on using the easement...they can. That might mean the driveway is torn up at some point (doubtful in an established subdivision, but also a possibility)
On the driveway extension...have a lawyer review the HOA covenants. Unless it is stated there that a driveway needs to be setback 10 feet, the HOA has little in the way of stopping you (especially since you driveway already encroaches on your neighbor)
The sprinkler, driveway, and other encroachments-I would make an offer to purchase the sliver and handle all costs. That is about the only thing you can do.
I do wonder though...you are assuming that you 're encroaching. Getting a survey done (tell the surveyor about your issues) may uncover that you aren't encroaching.....so get the survey done first by a reputable surveyor...be honest up front that there may be issues of encroachment and get his opinion based on boundary evidence.
Thanks y'all - yes I had a surveyor mark the property corners when we put up our fence so I knew one of them was smack dab in the middle of my driveway.
I am going to talk with my neighbor to see if he will sell me the sliver; that is the easiest fix and would clear up future issues
Did contact Greenville County and nobody could tell me about an such rule so it is between me and the HOA. I have the feeling this is going to take a long time to resolve with the primary issue being resolution of the encroachment.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
