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re: Is there any legal recourse in this situation?
Posted on 7/3/20 at 2:52 pm to tigersownall
Posted on 7/3/20 at 2:52 pm to tigersownall
Check the RE laws in your state..how long/old is this driveway?
Posted on 7/3/20 at 2:52 pm to tigersownall
You might have a surevytude but better consult with a lawyer.
Posted on 7/3/20 at 2:53 pm to tigersownall
quote:
Technically the rent house property line is 2 foot on the drive way.
Why is your driveway encroaching on someone else's property?
Posted on 7/3/20 at 2:55 pm to tigersownall
Happened in Florida a few years ago, cinder blocks work


Posted on 7/3/20 at 2:58 pm to SalE
Driveway goes entire length of property. It looks like it was poured in the 30’s. Old double shotgun style house that’s been remodeled.
Posted on 7/3/20 at 2:59 pm to TigerintheNO
quote:
Happened in Florida a few years ago, cinder blocks work
This one is always great
Owner puts up a fence to block the guy from getting to his spot behind the house just far enough to get to the owners own spot
https://www.youtube.com/watch?v=SvT89FBC320
And in video two the person that got blocked puts up a fence so that the first fence builder cant get to his spot
https://www.youtube.com/watch?v=MdwiaIfRKdk
This post was edited on 7/3/20 at 3:01 pm
Posted on 7/3/20 at 3:04 pm to USMEagles
quote:
You might have an adverse possession case to make. It's really dependent on your locale.
No exclusive possession so no AP.
Posted on 7/3/20 at 3:05 pm to tigersownall
If it was poured in the 30’s, you own the entire driveway through adverse possession. I would probably delete this post and if he took you to court, you would tell the judge you had been using the driveway as your own for x many years.
Posted on 7/3/20 at 3:10 pm to Obtuse1
quote:
No exclusive possession so no AP.
What about a surveytude?
Posted on 7/3/20 at 3:15 pm to tigersownall
quote:
It’s not me. I’m asking for a buddy. He offered 1000. The dumb bitch is just being difficult. This all started because someone new is moving in. They should have just knocked on the door and he would have moved.
Simple solution before the new tenants move in...
Posted on 7/3/20 at 3:17 pm to RickfromArizona
quote:
If it was poured in the 30’s, you own the entire driveway through adverse possession. I would probably delete this post and if he took you to court, you would tell the judge you had been using the driveway as your own for x many years.
It would be really hard to win anyways
All dude has to say is I own part of this driveway and we were using it as a shared driveway and look at this I actually own part of the driveway
This is why you pay for a real survey
Posted on 7/3/20 at 3:20 pm to tigersownall
quote:
Is there anything that can be done legally to get ownership of the full drive?
Survey the line, rent a concrete saw and cut the extra concrete off. Repour the two feet on the other side.
Posted on 7/3/20 at 3:28 pm to TigerintheNO
Posted on 7/3/20 at 3:29 pm to fishfighter
I would speak to a lawyer but I think you would be the sole owner through adverse possession/acquisitive prescription if you have been using this piece of property as your own for that amount of time (in addition to the previous property owners)
Posted on 7/3/20 at 3:30 pm to YF12
quote:
YF12
That guy is awesome. Did it all by the book and said
Posted on 7/3/20 at 3:32 pm to tigersownall
If the driveway has been in place for more than 30 years, your buddy owes its entirety through acquisitive prescription. This is true even if he hasn’t owned the property that long, as he gets the advantage of the possession of his predecessors in title, whether or not they were in good faith or bad faith. The 30 years can be cut to 10 if your buddy’s title describes all of the driveway (or if the title of his predecessor does), as being entirely on the property.
Also, assuming your buddy financed the purchase, the mortgage company required a survey which should have found the error. The mortgage company likely has title insurance and your buddy may have some level of protection under the lender’s policy (or his own title policy). Either way, he likely has a cause of action against the surveyor and/or the closing attorney who also should have found the error. However, you have a fairly narrow window of opportunity to go after the closing attorney.
Also, assuming your buddy financed the purchase, the mortgage company required a survey which should have found the error. The mortgage company likely has title insurance and your buddy may have some level of protection under the lender’s policy (or his own title policy). Either way, he likely has a cause of action against the surveyor and/or the closing attorney who also should have found the error. However, you have a fairly narrow window of opportunity to go after the closing attorney.
Posted on 7/3/20 at 3:33 pm to RickfromArizona
quote:
If it was poured in the 30’s, you own the entire driveway through adverse possession. I would probably delete this post and if he took you to court, you would tell the judge you had been using the driveway as your own for x many years.
That doesn't fly in Louisiana.
Posted on 7/3/20 at 4:44 pm to RickfromArizona
quote:
If it was poured in the 30’s, you own the entire driveway through adverse possession.
Again it does not meet the requirement of exclusive use. If the property owner (even very rarely) uses the driveway AP just simply doesn't apply and anyone that thinks it does needs to go back and kick their 1L Property prof in the nuts assuming they had one.
AP is actually extremely rare in actual practice. Courts are generally reluctant to transfer ownership of property in this manner. It is even rarer in property boundary disputes especially when both properties are occupied. Walls, fences and the like are almost always required for this type of fruitful AP claim.
Posted on 7/3/20 at 5:00 pm to saderade
quote:
I would speak to a lawyer but I think you would be the sole owner through adverse possession/acquisitive prescription if you have been using this piece of property as your own for that amount of time (in addition to the previous property owners)
I delt with a similar situation before and that's not how it works. I believe the neighbor is just trying to get shared use of the driveway since it straddles the property line.
What the OP can probably do is cut 2' of driveway off so that its not in the neighbors yard, or put a fence up.
If its in an urban area the OP may not be able to fit his car in there any longer and may not have room to expand on his side so thats where things get really dicey.
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