My neighbor just claimed my driveway!

I purchased a house in Kansas in December of last year. The property is bordered on the north and east by roads. The only property entrance is on the west side. It is a single width drive over a culvert that opens to approx. 20 feet of land between the house an old growth hedge tree row. The previous owner had a propane tank sitting next to the hedge row and there is also a wooden shed that borderes the hedge row. Last night I was cutting the overhanging limbs off of the trees because they were hitting cars coming in to park. The neighbor came over and told me I was cutting his trees and standing in his drive. He has owned his house (in the lot directly to the west) since 1967. He claims that his property goes up to the edge of the house but my charts show approx. 10 feet of ground that I own. Problem is that the 10 feet does not include the culvert and entrence to the house that has been there for 50+ years. I laid down gravel a couple of months ago and he never bothered to say anything....what can I do to keep from losing my only entrence to my property....as well as the gravel costs and having to move my shed?!

Thanks,

Brandon

Also....

The land I own is platted for a town that has died down to a dozen or so houses. I believe the entrance was originally planned as a street in the 1950's or earlier.

Brandon

What does the survey that you had done when you bought the house show?

Survey

The survey shows 10 feet from the house. The established fenced line is approximately 25 feet with the entrence against the fence.

Brandon

So you bought a home, knowing that some of the structures were encroaching on the neighbor's land.....

I'm not sure about the entrance thing....but you should not have been trimming your neighbors trees, unless they were hanging over your property (and then you can only trim up to your property line)

gobonas99 said:

So you bought a home, knowing that some of the structures were encroaching on the neighbor's land.....

I'm not sure about the entrance thing....but you should not have been trimming your neighbors trees, unless they were hanging over your property (and then you can only trim up to your property line)

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From looking at the survey there are three sections between my house and the neighbors. It shows a vacated alley that I thought I owned to the center of......after relooking at the survey last night it appears that it had been marked right but I was mislead by the empyt alley and the sections that are no longer there. Basically I thought it was my land even after looking at the survey but now after closer examination I can see it is not.....

As for the trees....I was trimming them back to what I thought was the property line....the line that has been the boundry for years (behind where the old propane tank was for my house)....which actually is his ground according to the survey.

Brandon

auburncord said:

From looking at the survey there are three sections between my house and the neighbors. It shows a vacated alley that I thought I owned to the center of......after relooking at the survey last night it appears that it had been marked right but I was mislead by the empyt alley and the sections that are no longer there. Basically I thought it was my land even after looking at the survey but now after closer examination I can see it is not.....

As for the trees....I was trimming them back to what I thought was the property line....the line that has been the boundry for years (behind where the old propane tank was for my house)....which actually is his ground according to the survey.

Brandon

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**A: then your neighbor is correct.

There may be hope...

You may want to do a search on squatter's rights in your area. I came across this topic while searching for information on laws regarding neighbors. From what I remember, if neighbor A builds a driveway, shed, garden, etc on land that belongs to neighbor B, neighbor A may actually be able to claim rights to the land if neighbor B does not protest the encroachment within a certain number of years. I think it said it can vary from 5 to 50 years. If your driveway has been there over 50 years, you may have the right to claim that land.

magpie123 said:

You may want to do a search on squatter's rights in your area. I came across this topic while searching for information on laws regarding neighbors. From what I remember, if neighbor A builds a driveway, shed, garden, etc on land that belongs to neighbor B, neighbor A may actually be able to claim rights to the land if neighbor B does not protest the encroachment within a certain number of years. I think it said it can vary from 5 to 50 years. If your driveway has been there over 50 years, you may have the right to claim that land.

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And you are incorrect.

magpie123 said:

You may want to do a search on squatter's rights in your area. I came across this topic while searching for information on laws regarding neighbors. From what I remember, if neighbor A builds a driveway, shed, garden, etc on land that belongs to neighbor B, neighbor A may actually be able to claim rights to the land if neighbor B does not protest the encroachment within a certain number of years. I think it said it can vary from 5 to 50 years. If your driveway has been there over 50 years, you may have the right to claim that land.

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**A: you are indeed a magpie. There is no such animal as squatters rights in Kansas unless invoked by the Wizard of Oz.

HomeGuru said:

**A: you are indeed a magpie. There is no such animal as squatters rights in Kansas unless invoked by the Wizard of Oz.

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Follow the Yellow Brick road...

If I only had a heart..........

I think Magpie was trying to suggest that there may be an adverse possession here. Why is she incorrect?

Ciarraine said:

I think Magpie was trying to suggest that there may be an adverse possession here. Why is she incorrect?

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**A: read the writer's postings and YOU tell us why magpie is incorrect.

HomeGuru said:

**A: read the writer's postings and YOU tell us why magpie is incorrect.

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"I purchased a house in Kansas in December of last year. "