What to do if our neighbor’s concrete driveway encroaches on our property and we would like to give allow this but only until such time they sell their house?

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What to do if our neighbor’s concrete driveway encroaches on our property and we would like to give allow this but only until such time they sell their house?

What would we need to have in a certified letter and would they need to sign it?

Asked on January 7, 2016 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If by your question, you mean that you want to allow the current neighbors to keep but fix up the driveway, but then have the buyers move the driverway, that's a bad idea. (If that's not what you mean, apologies, but you may wish to re-post your question with clarification.) While you can license your neighbors to allow them to keep the driveway on your land, if you then try to force their successors to remove the driveway, you would be inviting litigation with them. If a court found that you essentially "conspired with" or knowingly assisted your current neighbors in essentially defrauding their buyers by helping them to misrepresent the status of the driveway, a court could easily find against you and order compensation paid. Also, after sufficient time passes during which someone uses and relies upon access to another's property, there are situations in which courts make that access permanent. You are better off dealing with this head-on now and having a clean resolution: either look to make them move the driveway now or look to either selling them the land it's on or (in exchange for some payment) granting a permanent easement for its use.


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