Driveway encroachment?

[Annie0003]

What is the name of your state (only U.S. law)? Oklahoma

We built our home in 1996 on just under an acre. We've lived in it the entire time. A year after we built we found out the builder had inadvertently gone over a foot or so with the driveway on the neighboring lot. This lot at the time was deemed unbuildable due to the terrain. All of the lots in our development are built into hillsides, etc.

We went thru an attorney and got a lot split from the lot owner at the time. There are surveys, diagrams, etc. The City approved it but somehow it was never filed.

Back to current after 16 years - 3 yrs ago the lot sold and new neighbor did manage to build on this lot. He informed me the other day that my driveway was encroaching on his lot. I told him that I knew this and that there was lot split and that I would find the paperwork and show it to him. He was not happy but did say that he didn't intend to tear up my driveway. Gee thanks buddy after 16 years.

My question is can I still file this paperwork after this many years has gone by? The City has restamped it and says it's good to go.

 

[drewguy]

You can file/record it. The question will be whether you or he has claim to the land. Basically what has happened is that the original lot owner has sold part of the lot twice--once to you 16 years ago and again to this guy recently. It will be something for the title insurance companies to work out pursuant to state law.

 

[154NH773]

We went thru an attorney and got a lot split from the lot owner at the time. There are surveys, diagrams, etc. The City approved it but somehow it was never filed.

What is a "lot split"? Did you do a boundary line adjustment and take title to the prortion where you were encroaching, or did you get an easement from the former owner?
Either way, does you neighbor's deed description contain the portion in dispute? Since you didn't file in a timely manner, have you been paying taxes on the disputed portion? Usually, tax assessments are calculated on the filed deed descriptions.
Your delay in filing could have unfortunate consequences, although only a court can decide. It appears that 5 years are necessary for an AP claim by your neighbor if his title shows ownership, so you should move quickly to assert your ownership. You should get local legal advice.