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When I bought my home I was told I have
a horse shoe drive way the man who
bought next door just took my driveway
I called police but nothing was done
how do I prove its my property
Asked on September 1, 2017 under Real Estate Law, Ohio
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Three step process:
1) Check your deed: what is included in it? Is your driveway actually on the deed? If not, you probably do not have a case for it. If it is, you likely do, but will probably need more.
2) Get your land professionally surveyed by title company or the like: since a deed by itself is just paper and is subject to challenge, to win the case in court (see below), you will need a credible expert (the surveyor) to testify in court that he/she reviewed the property, reviewed the deed, and confirmed that you own the driveway.
3) File a lawsuit in chancery court (a part or division of county court which deals with court orders, not awarding monetary compensation) in which you seek a "declaratory judgment" (a legally enforceale court determination) of the property lines and that the driveway belongs to you, as well as an order that the neighbor return it and also pay to undo any changes he made (e.g. if he modified it, fenced it off, etc.). Once you get a court order in your favor, *then* law enforcement (typically the sheriff's office) can enforce it.