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re: Is there any legal recourse in this situation?

Posted on 7/3/20 at 2:52 pm to
Posted by SalE
At the beach
Member since Jan 2020
3185 posts
Posted on 7/3/20 at 2:52 pm to
Check the RE laws in your state..how long/old is this driveway?
Posted by Eightballjacket
Member since Jan 2016
8101 posts
Posted on 7/3/20 at 2:52 pm to
You might have a surevytude but better consult with a lawyer.
Posted by DevilDagNS
Member since Dec 2017
3026 posts
Posted on 7/3/20 at 2:53 pm to
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 by TigerintheNO
New Orleans
Member since Jan 2004
45439 posts
Posted on 7/3/20 at 2:55 pm to
Happened in Florida a few years ago, cinder blocks work


Posted by tigersownall
Thibodaux
Member since Sep 2011
17222 posts
Posted on 7/3/20 at 2:58 pm to
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 by YF12
Ottobaan
Member since Nov 2019
4451 posts
Posted on 7/3/20 at 2:59 pm to
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 by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
31228 posts
Posted on 7/3/20 at 3:04 pm to
quote:

You might have an adverse possession case to make. It's really dependent on your locale.


No exclusive possession so no AP.

Posted by RickfromArizona
Sonoran Desert
Member since Sep 2013
366 posts
Posted on 7/3/20 at 3:05 pm to
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 by Eightballjacket
Member since Jan 2016
8101 posts
Posted on 7/3/20 at 3:10 pm to
quote:

No exclusive possession so no AP.

What about a surveytude?
Posted by Harry Morgan
Member since Sep 2019
10340 posts
Posted on 7/3/20 at 3:15 pm to
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
60324 posts
Posted on 7/3/20 at 3:15 pm to
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 by YF12
Ottobaan
Member since Nov 2019
4451 posts
Posted on 7/3/20 at 3:17 pm to
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 by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 7/3/20 at 3:20 pm to
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 by JudgeHolden
Gila River
Member since Jan 2008
18585 posts
Posted on 7/3/20 at 3:28 pm to
Posted by saderade
America's City
Member since Jul 2005
26511 posts
Posted on 7/3/20 at 3:29 pm to
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 by Sao
East Texas Piney Woods
Member since Jun 2009
68469 posts
Posted on 7/3/20 at 3:30 pm to
quote:

YF12



That guy is awesome. Did it all by the book and said
Posted by Eyebesmacinhose
Enterprise, Louisiana
Member since Apr 2017
1788 posts
Posted on 7/3/20 at 3:32 pm to
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.
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 7/3/20 at 3:33 pm to
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 by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
31228 posts
Posted on 7/3/20 at 4:44 pm to
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 by BeepNode
Lafayette
Member since Feb 2014
10005 posts
Posted on 7/3/20 at 5:00 pm to
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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