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What is the name of your state? Maine
We have a Community Energy Oil Co. that resides next to our property, they after appx. 17 years are saying that they own half of the top of our driveway (which curves) and the majority of the bottom. We have both had surveys- still there is conflicting evidence and a significant overlap. There was alot of trouble finding the landmarks and wooden stakes which I'm sure no longer exist. We contacted the previous owners (who owned both properties, ours being the last purchased) and they assured us that our driveway was not sold as a part of their property, they are now trying to come up with some documentation of that for us. The line should run next to their building and they have a 20 ft. right of way to access that side of the building and a power pole. They are stating they own half of the driveway AND have a 20 ft. right of way which puts it up over our lawn and right next to our home. The map shows the angle obviously made to accomodate the driveway, and if they owned what they say they'd certainly not need right of way to our backyard as they have no interests there. They have now put cement curbing at the foot of the driveway blocking all ingress and egress. According to our survey they are more than 10 feet over our property line. Can we move them? How can we ensure access to our driveway? They are a corporation and have seemingly endless financing that is tax deductible, we unfortunately cannot deduct it. We tried to make an agreement that we would keep our driveway and re-route it straight out and forget the 20 remaining feet we know also is ours but they wouldn't agree to that. How can we defend what we feel is rightfully ours without it costing us thousands more dollars? I was hoping for the adverse possession angle but from what I have read in the state of Maine you must knowingly be using anothers property for x amount of years. We are still adamant that it is ours anyway. Any helpful advice would be greatly appreciated!
We have a Community Energy Oil Co. that resides next to our property, they after appx. 17 years are saying that they own half of the top of our driveway (which curves) and the majority of the bottom. We have both had surveys- still there is conflicting evidence and a significant overlap. There was alot of trouble finding the landmarks and wooden stakes which I'm sure no longer exist. We contacted the previous owners (who owned both properties, ours being the last purchased) and they assured us that our driveway was not sold as a part of their property, they are now trying to come up with some documentation of that for us. The line should run next to their building and they have a 20 ft. right of way to access that side of the building and a power pole. They are stating they own half of the driveway AND have a 20 ft. right of way which puts it up over our lawn and right next to our home. The map shows the angle obviously made to accomodate the driveway, and if they owned what they say they'd certainly not need right of way to our backyard as they have no interests there. They have now put cement curbing at the foot of the driveway blocking all ingress and egress. According to our survey they are more than 10 feet over our property line. Can we move them? How can we ensure access to our driveway? They are a corporation and have seemingly endless financing that is tax deductible, we unfortunately cannot deduct it. We tried to make an agreement that we would keep our driveway and re-route it straight out and forget the 20 remaining feet we know also is ours but they wouldn't agree to that. How can we defend what we feel is rightfully ours without it costing us thousands more dollars? I was hoping for the adverse possession angle but from what I have read in the state of Maine you must knowingly be using anothers property for x amount of years. We are still adamant that it is ours anyway. Any helpful advice would be greatly appreciated!