How do make sure I don’t loose my propoerty to the new owner? What do I need to file? Do they have any right to do this?

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How do make sure I don’t loose my propoerty to the new owner? What do I need to file? Do they have any right to do this?

A while (approx a year or so ago) back my neighbor asked me if he could add approximately 2 feet to his driveway (onto my property) because he was running over my grass daily. I agreed to let him add to his driveway but not to give him that land – just to pave it. They are now selling their house and I want to make sure that they are not selling my land to the new owner. I have asked them to sign a disclosure indicating that the new owner understands that part of this driveway is on my property. They will not sign it, nor disclose /have the party offerring to purchase the property sign it.

Asked on May 23, 2009 under Real Estate Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your home is too important to take chances with, so it might be a very good idea to talk to a real estate lawyer in your area, who can give you reliable advice based on all the facts -- a few photographs might be a very good thing to take with you to that consultation.  One place to find an attorney is our website, http://attorneypages.com

Typically, when a house is sold, either a new survey is done, for a very exact description of the property lines, or the description from an older deed that is relatively recent is used, and the fact that the driveway goes over the property line should show up on a new survey.

There are several ways you can protect yourself here, and an attorney can help you choose the one that best fits your situation.


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