What to do if my neighbor recently told me that her property line was actually 3 feet inside of my fence and driveway?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my neighbor recently told me that her property line was actually 3 feet inside of my fence and driveway?

I was getting ready to have my driveway done (gravel) when she came out and told me. I have owned the property for 10 years and the driveway has always been in the same location, she has owned for 5 years. Based on plat map it appears she is correct about the location of the property line. Do I have any option for her to grant a easement for the driveway area and/or area inside the fence line.

Asked on July 1, 2015 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can ask for an easement--and, of course, offer to pay for one if you want--but she is not required to grant it. You also do not seem to be in situation, like a "land locked" lot (i.e. property only reachable across another's property) where the courts might order an easement over her objections. It is very possible that you may have to move your fence and driveway, since they apparently sit on land owned by another.

Another option is to discuss with her whether you buy that 3' strip from her, so that it will added to/merged with your property. If she is at least somewhat receptive in principal, bring in a real estate attorney to help negotiate, structure, and accomplish this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption