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property lines

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shawnandjenny

Junior Member
What is the name of your state (only U.S. law)? Indiana

We bought our house 6 years ago and were told we were buying 2 acres, and our survery showed all of our property in our bounderies. We never had a problem until the neighbors moved and we got new neighbors. The new neighbors built a large garage/pull barn in their back yard, facing our driveway. They then started driving up & down our driveway to get to it. When this started we only had one child, but obviously we weren't happy. We confronted the neighbors. They told usl they had a written paper between the first owner of our house & their's stating they own a sliver of our driveway. They get angry when we park a car on "their" property. We went back and forth on it and we actually called the police at one point. We were told that we would have to settle it in court. They finally had a survery done and the stakes showed they were right. It was the same survery company that did our survery. Since the survey they did they have planted trees directly on the property line and built a mulch driveway from the top of our driveway to their garage. They use the driveway as if its their own. Last summer they started selling plants and flowers from their back yard, letting everyone use our driveway to access them. I have two children,who can play in the backyard when this is going on. They tell us the plants are from a nursery who just doesn't want them and they are selling them for $ but we can tell people whatever and keep the difference. They are selling these plants again. I want to know if there is anything we can do. Can they just claim use of our driveway? Can they just sell plants out of their backyard like a business? I would guess they sold between 100-300 plants/trees last year.
 


justalayman

Senior Member
You lost me after the surveyor showed you that the neighbors owned part of the drive.

You have every right to not allow them to use your property unless there is a legal easement that would allow them to. If they are using your drive, tell them to stop. If they continue, call the police and report the trespass. Since the property lines are now known to both parties and apparently in agreement with each other, the police have no real justification for not applying the applicable laws,
 

FarmerJ

Senior Member
curious here , does your county /city zoning ords permit them to do this kind of sales from home ? second if you do not have a recorded easement by past owner of your property recorded to the title of your property granting them a easement to use part of your land , there is no reason you cannot install ( barricade) fence & post right down your side of the lot line. That means of course you may have to spend some money to widen your driveway on your land BUT then again so would they and it would keep their commercial traffic off your property.
 

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