What to do if 1/2 of my drivewayis on my neighbor’s property?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if 1/2 of my drivewayis on my neighbor’s property?

I purchased a bank owned house on 10/28/08. After closing of escrow, the owner of the adjacent vacant lot told me that more than half of the existing driveway (approx 120’x18′) is on his property. This narrow piece of land that runs along the eside of my driveway is part of a very steep lot that drops down about 7′, almost vertical. Is the seller (bank) responsible for disclosure that more than half of the existing driveway is on somebody else’s property ? Now my driveway is so narrow that it is very hard to get in and out safely. Are adverse possession or a prescriptive easement applicable in this case because the driveway has been used by this house since 1950 when the house was built?

Asked on October 12, 2010 under Real Estate Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Was there a title search and a survey done? Was there an easement in the deed? Did you have legal counsel during the transaction?  There should be some recourse but the bank will assume that you did your research as to the property before purchase.  Their duty to disclose may not be as you think.  I believe that in Oregon the adverse possession must establish ten years of continuous use.  You have that here.  It is the other factors needed that I am concerned about. Prescritive easement may work as well and I would ask for both in the proceeding (pleading in the alternative we call it: if not x then y). What I would do is speak with a real estate attorney about bringing an action here as soon as you can.  Good luck.


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