Easement - Ohio - Lake County

[ccr]

The "wing" of my driveway apron encroaches on the tree lawn of my neighbor. This was recently discovered after nine years when he had his property surveyed. He has staked out his property line and I agree that the builder errored when he put in the driveway. He hasn't asked for anything yet but I would like to know my responsibilities. From my understanding the tree lawn and sidewalk are a public easement.

(1) Could he force me to cut out this corner of the apron?
(2) Should I ask him if he would give me an easement for this small section?
(3) What would be required to register such an easement?

 

[LorettaL]

It depends on state law. In some states under the doctrine of adverse possession after a certain period of time the neighbor would lose his right to that portion of land. I would consult a real property lawyer in your state; s/he could tell you what the rule is and how you would go about getting an easement. I do know that easements have to be recorded with the local county in order to be valid.