I need some advise , please help. Here's the situation I bougth an existing house in July of 2001. I thought it was the perfect situation. No more suburbian 1/4 acre for me. I now have 7 acres with my closest neighbor being 500' away. This is/was my dream situation. Enter the problem , my neighbor has informed me that "my" driveway is "his" driveway. When we met with the realtor they gave us a listing and a plat that clearly showed the driveway as mine. The driveway comes off of the main street and continues straight for 500' at that point it "y's" off. The left to my neighbors house and the right to my house another 600'. My plat shows the entire "y" being on my property with his driveway mating up to the left part of the "y". his drawing does not show a driveway at all because it was done before the asphalt driveway was installed. Hopefully, you can get the picture. My neighbor and I have located the corner markers and compared drawings/plats the problem is that I think he is right. The question is what to do now. I have contacted the realtor they claim that to the best of their knowledge the driveway is on my property according to the county records. I really feel by pacing the distance off and looking at my plat that the neighbor is right. But now i'm pissed because I feel that the property was mis-represented to me. By the way, I have 2 different plats by two different surveyors that both show the driveway on my property. There is the one provided by the realtor and home seller. I also, payed for one during settlement. Wow , I am so pissed and screwed. What should I do ? The realtor is no help . A surveyor wants $1500 to re-survey the property. Should I contact an attorney. The Title company ? Advise please. Does this make any [censored] sense ?
Property line dispute
- Thread starter BILLMAN
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EdKing
Platinum Member
Did you have a deed attorney ? In Pa you pay a fee for a deed attorney to check out the deed and make sure every thing is ok. It is my understanding that if any disputes come up, it is the deed attorney responsibility to handle any littigation, at no charge to you.
MikePA
Super Moderator
My FIL was a surveyor (actually a civil engineer) before he retired and I worked for him during the summer. When these situations arose, the only thing I ever saw work was for both properties, yours and your neighbors, to be surveyed. I have a hard time understanding how two different surveys could show the driveway as on your property and both of them be wrong. Just to be sure, when you said you found the corner markers, you mean the actual markers (usually an oak stake, maybe 2" x 2" square at the top and 3' long, driven almost flush with the ground, with a small tack in the top), and not the guard stake? Anything that's above the ground, like a pipe, can be, and are moved.
Anonymous Poster
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Billman,
In your post, you stated two surveys show the "Y" as being on your property. Based on this, my opinion is that it would be a waste of money to have another survey done. During the title search, did the title company come across any easements that your neighbor may have to use the driveway as an access for his place?? Perhaps the prior owner of your property can shed some light on this.
Disclaimer: I'm not a surveyor nor an attorney.
Russ
In your post, you stated two surveys show the "Y" as being on your property. Based on this, my opinion is that it would be a waste of money to have another survey done. During the title search, did the title company come across any easements that your neighbor may have to use the driveway as an access for his place?? Perhaps the prior owner of your property can shed some light on this.
Disclaimer: I'm not a surveyor nor an attorney.
Russ
beenthere
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You best see an attorney, as this is out of the Realtor's job description. They sell property, anyway they can get it done.
You should look at the neighbors legal description, and yours. The stake you found may have been put there by your neighbor (as he claims it is the one that shows the drive on his land). Permanent markers may be in place (usually steel stakes, not wood ones which decay) bet they are only good if left alone.
You should have had a lawyer on your side review what the realtor was up to, and if not, get one soon, even if it is too late. Good luck.
You should look at the neighbors legal description, and yours. The stake you found may have been put there by your neighbor (as he claims it is the one that shows the drive on his land). Permanent markers may be in place (usually steel stakes, not wood ones which decay) bet they are only good if left alone.
You should have had a lawyer on your side review what the realtor was up to, and if not, get one soon, even if it is too late. Good luck.
Rodneyd
Member
You may want to GIVE him that driveway. The way it sounds to me, you both have been using it. If that is the case, he has the right to continue using it. That's all well and good.....except whoever owns it must also maintain it. If you own it....that's you. Also, if it comes into disrepair, he can call you and TELL YOU, fix the road. Happened to my father in PA. He owned two houses side by side with a shared driveway. Sold the house next door and kept the house with the drive. Neighbor continued to use the drive and several times the neighbor would call and tell him to fix the drive. He went to the laywer and was told to fix the drive. Go figure.
Rod
Rod
Mark_in_NH
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I think you should DEFINATELY seek the advice of an Attourney !! But first. Sit back, catch your breath, for all is not lost.
Your dream has not and will not collapse over this issue. This is merely a technicality, "all be it, a very large one" that can be figured out and resolved.
It will take some leg work some research, some time, some Patience and unfortunatly some money.
If it turns out that the driveway is indeed on your property than all is well and fine. If it turns out that your neighbor actually owns the driveway, I am quite sure he will continue to let you use it. If he won't, then you move over the required distance and put your own driveway in.
If a property line mistake has been made, whether it be on purpose or by mistake, then somebody needs to answer for it.
If in your purchase you paid for property that wasn't yours to buy or theres to sell, than somebody may owe a refund for the amount of property in dispute.
One question I think I would ask both neighbor and previus owner is. Who paid the bill to have the driveway paved. If your neighbor owns it and the previous owner had it paved, why wasn't this line dispute raised then. And Visa / Versa.
This will work out. Call your realtor, check with your town etc. etc but Definately seek the knowledge of an attourney who deals with Real Estate issues.
Your dream has not and will not collapse over this issue. This is merely a technicality, "all be it, a very large one" that can be figured out and resolved.
It will take some leg work some research, some time, some Patience and unfortunatly some money.
If it turns out that the driveway is indeed on your property than all is well and fine. If it turns out that your neighbor actually owns the driveway, I am quite sure he will continue to let you use it. If he won't, then you move over the required distance and put your own driveway in.
If a property line mistake has been made, whether it be on purpose or by mistake, then somebody needs to answer for it.
If in your purchase you paid for property that wasn't yours to buy or theres to sell, than somebody may owe a refund for the amount of property in dispute.
One question I think I would ask both neighbor and previus owner is. Who paid the bill to have the driveway paved. If your neighbor owns it and the previous owner had it paved, why wasn't this line dispute raised then. And Visa / Versa.
This will work out. Call your realtor, check with your town etc. etc but Definately seek the knowledge of an attourney who deals with Real Estate issues.
Anonymous Poster
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I'm involved in a very similar situation. If the property ends up being your neighbor, my attys. advice is that I seek restution from person who sold me less than what was represented. Title insurance won't cover it. Get the neighbor to give you easment rights and your all set.
Anonymous Poster
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Gather all your paperwork together, your deed description, your maps, a copy of your neighbor’s deed and his map… one of those deeds will have any driveway/property easement spelled out…
Then, I would contact your surveyor that did the property survey last year when you purchased it. Have him meet you at your property to show you the pins and boundaries (it may cost you $50-$150 for his time-still cheaper than $1500) if you don’t have pins… pay him to do it… you don’t need a third or fourth survey… it would only be redundant and a waste of money… (You may also want to ask your surveyor if he performed an “on-site survey” or “re-stamped” a previous survey…)
You must convince yourself that your surveys are correct…? Why would you consider anything less? What am I missing here…? What did your neighbor show/tell you that persuaded you to believe otherwise…? Convince me why you don’t think the driveway is yours…(why did it take your neighbor a year to tell you this…?)
Then, I would contact your surveyor that did the property survey last year when you purchased it. Have him meet you at your property to show you the pins and boundaries (it may cost you $50-$150 for his time-still cheaper than $1500) if you don’t have pins… pay him to do it… you don’t need a third or fourth survey… it would only be redundant and a waste of money… (You may also want to ask your surveyor if he performed an “on-site survey” or “re-stamped” a previous survey…)
You must convince yourself that your surveys are correct…? Why would you consider anything less? What am I missing here…? What did your neighbor show/tell you that persuaded you to believe otherwise…? Convince me why you don’t think the driveway is yours…(why did it take your neighbor a year to tell you this…?)
Well guys, I just had a late night and got the opportunity to drive up my driveway ooops I mean his driveway. My neighbor showed me the receipt from the driveway. He definately payed the bill. However, this would not mean that it's on his property. I'll try to answer a couple of the questions raised. My neighbor and I found the stakes. These appeared to be about 1/2" diameter rebar material with a surveyors plastic seal on top. (kinda like a cap). He very well could have moved them I do't know. Would you guys agree that someone should be held accountable if the house was represented to me as having a paved driveway? I don't have a scanner but. I will try to take a digital picture of the plat and post it. John Miller has such a calming effect on people. Thanks John!!! I'm kinda bummed out today. I just found out that my best friend and hunting buddy has liver cancer and the prognosis is not good. (10 yr old yellow lab) My fuse is a little short now. The major issue with the driveway is I'm not sure of which way to turn. I think I need some seat time in my 'vette to clear the mind. Keep the comments and questions coming. I must resolve this issue... hopefully the attached pic will help you to understand the situation a little better. I interpreted this drawing as clearly showing the driveway on my property.
