Driveway extends onto neighbors property

I was going to buy a house, when the survey was done it came to be known that the driveway on the property I was buying extending onto the neighbors property by four feet and became less as you went up the driveway...the owner next store knew nothing about this.....he says he has no problem with the way it is....my concern is what if he sells his property or if I was to ever resell the house (income property)... is there potential for a lawsuit ...or does eminent domain or adverse easement come to paly..??? thank you....(New York)...

ricluvs2run said:

I was going to buy a house, when the survey was done it came to be known that the driveway on the property I was buying extending onto the neighbors property by four feet and became less as you went up the driveway...the owner next store knew nothing about this.....he says he has no problem with the way it is....my concern is what if he sells his property or if I was to ever resell the house (income property)... is there potential for a lawsuit ...or does eminent domain or adverse easement come to paly..??? thank you....(New York)...

Click to expand...

Before you spend one red cent on the place, have the current owner get a quit claim deed for the part of the land where the driveway is (plus, oh say, maybe a foot for a mower path).

Eminent domain has nothing to do with this (that is the government doing that).

I don't know what "adverse easement" is; maybe you are thinking of prescriptive easements or adverse possession.


Anyway, once the owner gets that QCD before you buy the place, the whole problem will be solved.

seniorjudge said:

Before you spend one red cent on the place, have the current owner get a quit claim deed for the part of the land where the driveway is (plus, oh say, maybe a foot for a mower path).

Eminent domain has nothing to do with this (that is the government doing that).

I don't know what "adverse easement" is; maybe you are thinking of prescriptive easements or adverse possession.


Anyway, once the owner gets that QCD before you buy the place, the whole problem will be solved.

Click to expand...

I would add, ask your surveyor to prepare the description and check and make sure first that the property can be swapped this way and still be legal. Local subdivision and zoning law can dictate how land can be exchanged, minimum lot sizes, lot widths, etc.

Your other option is an easement. You should also have the surveyor prepare the description for any easement you get recorded.

I agree that you should resolve this before settlement, because you will have little bargaining power after that.

jimmler
I am not a lawyer, I have been in surveying since 1989.