What is the name of your state (only U.S. law)? Missouri
http://www.resemblesreality.com/MyOldHouseToday/files/pictures/2/2/20100203182024_1_1.JPG
I purchased a 50-100 year old home in the heart of town. In the picture above you can see the sidewalk cut out for the driveway on the right side of the house. It has a gravel driveway.
On the left side of the picture above I have an 8ft easement from 1946 for access to the back yard; however, since then there has been a telephone poll placed barely out of the picture. I currently have to pay additional insurance on this easement.
The week I was closing on the house, I hired a surveyor to survey the property. My neighbor has a car lot in his back yard. The next day my neighbor hauled gravel in to make a second driveway. This second driveway is on my side of his house overlapping my driveway.
My surveyor told me he removed some of the old survey stakes to "avoid confusion"; however, he staked off the property where there is a survey stake about 1'6" into my driveway. If his survey is right, there is not enough space for my jeep to fit in the driveway; however, it is clear to see the previous owners of my house have used the driveway for many years.
I had plans to pour a concrete driveway. I asked my neighbor if he would mind granting me an easement so I could pour a concrete driveway. He refused, and let me know that he doesn't want me parking in my driveway.
After all this during a conversation with my surveyor, my surveyor let it slip that he is friends with my neighbor on that side.
By the way, remember that 8ft easement I have to pay insurance on. According to this survey it extends approx 1'6" into my other neighbors house.
I paid the surveyor $450 but I don't care about that. All I want is to use and concrete my driveway.
What should I do? What are my options?
http://www.resemblesreality.com/MyOldHouseToday/files/pictures/2/2/20100203182024_1_1.JPG
I purchased a 50-100 year old home in the heart of town. In the picture above you can see the sidewalk cut out for the driveway on the right side of the house. It has a gravel driveway.
On the left side of the picture above I have an 8ft easement from 1946 for access to the back yard; however, since then there has been a telephone poll placed barely out of the picture. I currently have to pay additional insurance on this easement.
The week I was closing on the house, I hired a surveyor to survey the property. My neighbor has a car lot in his back yard. The next day my neighbor hauled gravel in to make a second driveway. This second driveway is on my side of his house overlapping my driveway.
My surveyor told me he removed some of the old survey stakes to "avoid confusion"; however, he staked off the property where there is a survey stake about 1'6" into my driveway. If his survey is right, there is not enough space for my jeep to fit in the driveway; however, it is clear to see the previous owners of my house have used the driveway for many years.
I had plans to pour a concrete driveway. I asked my neighbor if he would mind granting me an easement so I could pour a concrete driveway. He refused, and let me know that he doesn't want me parking in my driveway.
After all this during a conversation with my surveyor, my surveyor let it slip that he is friends with my neighbor on that side.
By the way, remember that 8ft easement I have to pay insurance on. According to this survey it extends approx 1'6" into my other neighbors house.
I paid the surveyor $450 but I don't care about that. All I want is to use and concrete my driveway.
What should I do? What are my options?
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