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Neighbor using my driveway...

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Rural Juror

Junior Member
What is the name of your state? North Carolina

Hi. I purchased a second home last year and had a survey done. Next door, the neighbor added a deck to his house. It attaches to his garage and acts like a carport; on top of the carport it is a nice terrace/deck off his livingroom. He just finished it up when we purchased our house. The problem is his driveway, coming straight out of his garage and carport addition, extends to my driveway and hits it perpendicular. So the neighbor has to turn onto MY driveway to get to the road, and vice versa he has to use my driveway to get to his driveway. It's about a 50 foot distance from the perpendicular point where the driveways meet to the real road. I don't think he did it knowingly, I think he just mistook my driveway for the road. Everything is paved in the same looking asphalt; you can't tell where the road ends and my driveway begins.

A few months after I purchased the house, the neighbor sold his house. And now it has new owners who think they can drive up my driveway to get to theirs.

I asked my closing attorney about it and he just shrugged it off and said it's not a problem that I need to worry about. But I can't help but feel that if I let this continue, somehow I'm going to loose my driveway for good.

What does North Carolina law say? I appreciate any input!!!
 


seniorjudge

Senior Member
Q: I asked my closing attorney about it and he just shrugged it off and said it's not a problem that I need to worry about. But I can't help but feel that if I let this continue, somehow I'm going to loose my driveway for good.

A: You are right and the lawyer is wrong.

Two things you can do: Block off the trespassing OR tell your neighbor that you will give him a license (NOT an easement) over your land. It is only good for him and if he wants to sell the place, then the new owners will have to deal with you. Get it in writing and record it in the land deed records in the county where the land is.

You must use a lawyer and don't hire that first idiot.
 

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