[vlmboost]

So my neighbor has decided to repave their driveway and in the process, they are going over my property line. It's just a couple of feet and I really don't mind that but am wondering if once they "take it over" is it still mine or have I forfeited it since I allowed them to pave on it? And if it does remain mine, would I be liable for anything that happens on that portion of the driveway?

[arielmina]

I would strongly advise telling him to cease and desist or get an attorney. It will affect your property's lot and would probably require an easment.

[KH02]

I would NOT allow it to happen.

[JViello]

Be nice, but firm. GET IT TAKEN CARE OF.

One simple reason could be when you sell your home, there is a boundary dispute. Yep.

I had something similar happen. Not only did they totally disrespect my property, they got "sh*tty" about it when I went to them hat in hand.

I had a client who is an consultant for various attorney's who practice this law almost slap me in the head when I asked "should I bother".

Did I mention my "nice" neighbor pastors a non denom church?

[Cambium]

You pay for your land and the property on it. Unless you sell or give a peice of property away whether 2 feet or 200 feet of it, the decision needs to be made by you and only you.

Couple choices:
1. Have your neighbor do a survey before you call the lawyer.
2. Chop up the driveway on your property(you have every right)
3. Tell you neighbor you'll sell him that piece of land for $1000. LOL
4. Sit back and enjoy it but make sure it doesn't spread over the years. Pretty soon a fence would go up. lol

Let me know if you need an attorney. I know a good one who does these types of cases. One was for Judge Judy.

[renovating]

Originally Posted by vlmboost

So my neighbor has decided to repave their driveway and in the process, they are going over my property line. It's just a couple of feet and I really don't mind that but am wondering if once they "take it over" is it still mine or have I forfeited it since I allowed them to pave on it? And if it does remain mine, would I be liable for anything that happens on that portion of the driveway?

If they maintain it for 25 years then it becomes theirs. Until then, you are liable. Their driveway is that close to your property line? Very unusual as there are codes builders are to follow to avoid this scenario. Make sure you know for certain where your property is. I would suggest having a survey done.

[ansky]

Originally Posted by renovating

Their driveway is that close to your property line? Very unusual as there are codes builders are to follow to avoid this scenario. Make sure you know for certain where your property is. I would suggest having a survey done.

Really? Is that just a CT code? I live in NJ and my driveway directly touches the stone wall dividing my property and my neighbor's property (he owns the wall). There is not even a centimeter between his property and my driveway.

[Rich Lee]

Originally Posted by ansky

Really? Is that just a Conn. code? I live in N.J. and my driveway directly touches the stone wall dividing my property and my neighbor's property (he owns the wall). There is not even a centimeter between his property and my driveway.

Each town establishes setbacks (distances from property line) for houses, sheds, trees, driveways, etc, for new development/construction. Older properties are often grandfathered.

[ruready1st]

Consult your local city planning department. With some research you can figure out the best way to protect both your interest. Be nice, offer to sell the piece of property to neighbor, or he can rent it? Have a survey done to be sure the property line is correct. Don't just be nice and allow him do it. There are legal ramifications you and he need to be aware of.

[NY Annie]

25 years, hunh? Adverse possession - which is what this is - doesn't require 25 years.

"adverse possession is a principle of real estate law whereby somebody who possesses the land of another for an extended period of time may be able to claim legal title to that land. The exact elements of an adverse possession claim may be different in each state.
to prove adverse possession under a typical definition, the person claiming ownership through adverse possession must show that its possession is actual, open, notorious, exclusive, hostile, under cover of claim or right, and continuous and uninterrupted for the statutory period. These terms have special legal meanings as legal "terms of art", meaning that their definition for purposes of adverse possession law may be different from a definition you would find in a standard dictionary."