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D

Dwest

Guest
What is the name of your state?What is the name of your state? Wyoming
I recently purchased an empty lot in a homeowners association. This lot fronts a cul-de-sac dirt street. The next door neighbor's lot also has frontage on the street. The next door neighbor's driveway, a road really, leads off this street for 150 feet then turns and goes up to his house. When we purchased the property we had a survey done to locate the property markers and it turns out that the first 90 feet of this driveway is wholly on my land. This fact was not disclosed at the time of purchase....I'm not sure if the landowner we purchased the land from was aware that this driveway was in fact his property. This neighbor with the driveway was the first home to be built in this association, probably 30 years ago and I'm assuming he has used this driveway ever since. This is a vacation home so it is seldom occupied. Additionally the cul-de sac is not a perfect circle and the circle goes approximately 20 feet into my property. My property markers are now located out on the road. I'm assuming that the road was originally graded out by the homeowners association. What legal rights do I have here with respect to the driveway and to the road on my property? Thanks!
 


HomeGuru

Senior Member
Dwest said:
What is the name of your state?What is the name of your state? Wyoming
I recently purchased an empty lot in a homeowners association. This lot fronts a cul-de-sac dirt street. The next door neighbor's lot also has frontage on the street. The next door neighbor's driveway, a road really, leads off this street for 150 feet then turns and goes up to his house. When we purchased the property we had a survey done to locate the property markers and it turns out that the first 90 feet of this driveway is wholly on my land. This fact was not disclosed at the time of purchase....I'm not sure if the landowner we purchased the land from was aware that this driveway was in fact his property. This neighbor with the driveway was the first home to be built in this association, probably 30 years ago and I'm assuming he has used this driveway ever since. This is a vacation home so it is seldom occupied. Additionally the cul-de sac is not a perfect circle and the circle goes approximately 20 feet into my property. My property markers are now located out on the road. I'm assuming that the road was originally graded out by the homeowners association. What legal rights do I have here with respect to the driveway and to the road on my property? Thanks!
**A: and what does your current survey that you order prior to closing indicate?
 
D

Dwest

Guest
The survey shows that his road is on my property and the cul de sac encroaches on our property about 12 feet
 

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