Friend Having Survey Done

[bobo60]

What is the name of your state? NY

hello,

im posting this question for a friend, his computer is down. he lives in a house that has been in his family for about 100 yrs now. he has owned and lived there for about 25 yrs. there is a driveway between his house and the house nextdoor. my friend (to the best of his and relatives knowledge) property line comes to about the center of the driveway. this was never a problem, cause he never uses the driveway, and there is a driveway at the end of the driveway, that for yrs was concidered on the property of the house nextdoor to my friends house. people that lived in the house nextdoor just used the driveway. now a new neighbor moved in nextdoor to my friend, and they dont see eye to eye on anything. my friend is going to have his property surveyed. his question is, if he indeed owns about half the driveway, then this means about 4 feet of the garage will be on his property too! what happens with the garage now? can my friend actually have his neighbor move the garage? or remodel the garage so it is not on his property?..ty...bob

 

[bobo60]

Friend Having Property Surveyed...

hello,

does anyone know if the garage is on my friends property, will his neighbor have to do something about it?..bob

 

[Ozark_Sophist]

Post back with the survey results.

 

[bobo60]

orzark,

ok. i will post again when i get the results of the survey...ty...bob

 

[LindaP777]

hello,

does anyone know if the garage is on my friends property, will his neighbor have to do something about it?..bob

Of course he will. You can not build on someone else's land. When was the garage built?

 

[1christian]

Without knowing the results of the survey and being here in Texas, things like this do happen on properties we have surveyed. What to do with issues like this don't vary too much from state to state, so I figure NY won't differ a whole lot from Texas. Usually the encroachment issue is resolved by the person encroaching having to purchase "x" amount of property from the neighbor (in this case, your friend). Usually it would be something like a 4 foot-wide strip or whatever the amount of encroachment was. Another option would be for your friend to sell the neighbor a cut-out piece that just covers the encroaching garage. Selling the amount encroached upon is usually the most sensible option since your friend obviously hasn't used that section encroached upon by the neighbor's garage.

This is, of course, based on what we know without having the results of the survey in hand. Obviously your survey will shed more light on the situation. Just thought I'd offer something to consider.

 

[bobo60]

1cristian,

the garage has bee there for prolly 50-75 yrs. it was always (supposenly) about 4-5ft over the property line of my friends lot. but nothing was ever said, back then neighbors were neighbors. now this NEW neighbor moves in just a yr or so, and thinks that the driveway and garage are on his propery, and why wouldnt he, but apparenty, they are not totaly on the NEW neighbors property. my friend and the NEW neighbor diddnt hit it off, and well, now my friend is getting the property surveyed, and if he owns what he beleives he does, does **** is gonna hit the fan! just curious, how serious this could become!...bob

 

[Ozark_Sophist]

If the garage has been there for that length of time, it stays.

 

[bobo60]

ozark,

the garage stays? ok, is this because of some kind of "statue of limitation"? what about the driveway leading to the garage? if my friends property extends to a part of the driveway, he is going to put up a fence there! this would make access to the garage impossible. i know this is a "just for spite" thing now, but that is what it has come down to. im just the messenger!...ty...bob

 

[Ozark_Sophist]

Search adverse possession.

 

[bobo60]

hello folks,

my friend had his survey done yesterday. his neighbors garage is NOT his property. but my friend owns 3ft of the neighbors driveway, which wont allow his neighbor to use the driveway without having his vehicle partially on my friends property. my friend is going to offer the neighbor the option to lease the 3ft he owns, so he could use the driveway. otherwise my friend will propabaly put a fence up down the driveway. question; can my friend actually lease the 3ft to the neighbor? or is there more to it, than meets the eye ...bob

 

[Orcons]

As previously suggested, you or your friend should search adverse possession and while you are at it, look up prescriptive easement.

Without all the facts and a knowledge of NY case law on these subjects, no one here can give an educated guess about what might happen, but from the sounds of it the neighbor quite possibly already has some rights over the piece of your freind's land on which his driveway sits. If your freind goes and puts up a fence he might end up having to not only remove the fence but pay damages to the neighbor. He should consult a local attorney before he takes any precipitous action.

 

[lcannister]

How long has the driveway been there? Spite sometime comes back and hits you in the face. The neighbor, given all the requirements might already own that area where the driveway is located.

Look up adverse possession for your state.

 

[jimmler]

How long has the driveway been there? Spite sometime comes back and hits you in the face. The neighbor, given all the requirements might already own that area where the driveway is located.

Look up adverse possession for your state.

Just to clarify this, it would have to go to court and a judge would have to agree if adverse possession was warranted. It is not automatic.

OP, if your friend wants to make a deal with the neighbor to "lease" the land, have them see a local real estate attorney to make sure the paperwork is all filed correctly.

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

 

[lcannister]

Thanks jimmler . Sometimes we have answered the question so often we forget everyone has not read the details before!