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Over the property line

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J

johnw

Guest
This seems like a no-brainer to me but I’m asking for a friend. Due to a recent land survey, it seems that his driveway is located 3 feet over the property line of his next door neighbors. His driveway has been there for 17 years but his neighbor is now telling him to get it off their property. Does he have any rights or does he have to get it off their property? Located in Michigan. Thank you
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by johnw:
This seems like a no-brainer to me but I’m asking for a friend. Due to a recent land survey, it seems that his driveway is located 3 feet over the property line of his next door neighbors. His driveway has been there for 17 years but his neighbor is now telling him to get it off their property. Does he have any rights or does he have to get it off their property? Located in Michigan. Thank you<HR></BLOCKQUOTE>

It all depends how long the friend was using the driveway, if he/she was paying taxes on the land that the driveway was on, if the neighbors gave permission to use the driveway etc. Do a search on this BB using keywords adverse possesion.
 
T

Tracey

Guest
He does not have to remove the driveway. Neighbor can either erect a fence along the property line or pay someone to remove the parts of the driveway that are over the line. Tell your friend to (very sweetly) give N permission to remove any portions of the driveway over the property line at his own expense. Then, when N balks, offer to enter into a licensing agreement where friend pays $50/year to use the driveway OR buys an easement to use it. (License is revokable, easement is not.)

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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