PaPaPeng wrote:
On 2 Nov 2006 06:29:19 -0800, wrote:
I would not just let this go, as some have suggested, for several
reasons. Laws vary by state in situations like this and no one here
can tell you the exact laws in your state. If you let this go, you
could wind up with the neighbor having either an easement or possibly
even actual claim to the land under the sidewalk. And what if you want
to sell your home one day? With current disclosure laws, in most
places, you would be required to disclose that you know about this
encroachement. And if you play dumb, what if the seller finds it out
before closing and then demands that you fix it? It could tie up your
selling your home for months or more. Or finds it later and takes you
to small claims court?
My neighbor has built his driveway over a wedge of my property 18
inches at the base and 40 feet long. He built his house before mine
and that was the only way he could build his driveway to let his car
through to the backyard garage. There is no other access. I don't
have a problem with that as I have lots of land on my corner lot.
Did you know about it at the time? If you were OK with it, then you
should have consuted an attorney and given the neighbor an easement.
Actually, the neighbor is dumb or very inconsiderate to do this without
getting an easement.
If you want to rectify it, consult an attorney. You very likely can
just grant him an easement which makes the whole thing legal and avoids
any questions with a future sale. If it were me, I would expect the
neighbor to pay for any costs incurred, legal, survey etc. That is
why the time to do this is BEFORE he's gone ahead and done it. After
letting it go for years, who knows what the reaction will be or if he's
willing to pay the costs.
Most lawyers offer a free consultation, so that would be an easy first
step.
Where I had intended to build my garage had curbside access. But in
maximizing my garage lot and driveway I had to shift the layout such
that the driveway was built over the municipal water shutoff valve to
my house. No problem there with me either as I just had to put in an
access hole where the valve was.
Its 25 years now and there has not been any problem from the City or
through five changes of neighbors fo whom three were owner-buyers.
That is a survey must have been done more than once and I wasn't in
the picture. I don't want to open a can of worms as the saying goes.
But should my son sell the house when I am gone will my son's and my
good neighbor policy leave him with a problem from a buyer? Of
course there will be full disclosure during negotiations. I'd just
like to know what issues will be brought up beforehand without lawyers
getting in the way of an amicable agreement.