property line

[3b in NYC]

i own a house in nyc with a driveway on the side of the house with an empty lot next to the driveway. there is no fence separating the property as it was once one entire lot.the property line goes right through the middle of the driveway entrance for about 20 feet and over to the edge of the drive way.the owner of the lot is now planning to build a house.could they build up to the property line? and do i have any recourse to keep my driveway entrance as it is, or will i have to recontruct the entrance, which includes a brick wall, sidewalk, and a tree?

 

[Tracey]

Since the 2 lots were subdivided, & the driveway was presumably placed byt he person who owned both lots, you may have an access easement. Essentially, the previous owner granted himself an easement encroaching on his other property! Talk to your neighbor first. If you can't sort things out, talk to a real estate attorney about shared driveway law & access/apparent easement law in your state.

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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.