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40-year-old encroachment now at issue.

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signpainter

Junior Member
What is the name of your state? Hawaii. I live in a seven-home cul-de-sac served by a T-shaped common right-of-way that connects to a city street.

More than 50 years ago, a piece of property was subdivided into six lots by the original owner/developer. There were two streetfront lots flanking a common right-of-way; or driveway; and four landlocked lots that use the driveway to access the city street. This driveway was held in a six-way ownership (and responsibility), even though the two streetfront owners had city street access and had no use for the common driveway. The original owner builds a wall that encroached into the driveway by a slender triangular wedge-shaped piece of property, approx. 200 sq. ft., or four feet at the street end, tapering to a point near the rear property corner. This evens out the width of the driveway. Supposedly, a gentlemen's agreement was reached, viewing this rock wall as an improvement.

About 40 years ago, the original owner and developer, sold his streetfront lot. The second owner built a second home on the lot, creating a fifth landlocked unit served by this driveway, thereby adding a seventh partner to the right-of-way. The original streetfront lot is now legally described as a CPR (Condominium or Horizontal Property Regime), with a .65/.35 undivided land ownership in fee simple - the original dwelling is Condo A, the second dwelling is Condo B. Fourteen years ago, I bought Condo B. Twelve years ago, the second owner sold Condo A. The third owner has recently sold Condo A.

Now, a neighbor's son who is a lawyer, convinced his parents along with the four other affected homeowners to join together against the third owner of Condo A, to make him pay for approx. 10,000 sq. ft of repaved driveway in lieu of back rent. Some of the neighbors even halted, without authority, the demolition of the rock wall by the fourth and newest owner. How will all of this affect me, the owner of Condo B; owner of 10% (20 sq.ft.) of the encroaching part of the wall? Do the neighbors have just cause to bring this action?
 


seniorjudge

Senior Member
If you want to protect your own rights, you need to hire a lawyer.

I am sure that there are covenants and restrictions on this which could have a bearing.

No one can possibly give you an answer on the information you have given.

Good luck.
 

signpainter

Junior Member
Thanks so much for your thoughts. I guess this is just a really convoluted mess. It seems that unless the affected neighbors get a restraining order, the new owners could demolish the encroaching wall and rebuild it within the boundaries, rendering the whole problem moot. Easy way out?
 

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