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How do you handle a driveway encroachment?

On Behalf of | Jul 20, 2022 | Real Estate | 0 comments

Dealing with property division and boundaries can sometimes cause a headache for people, even though it normally does not pose a problem.

This is the case in the event of a driveway encroachment. But exactly what is this, and how does a property owner handle it?

Getting a land survey

SF Gate talks about driveway encroachments and the issues they cause. Driveway encroachments involve a person on one property building a driveway that encroaches on their neighbor’s property. This often happens unintentionally, due to a misinterpretation or misunderstanding of boundary lines.

There are plenty of ways to handle these instances. First, get a professional land survey done. This can allow a property owner to prove with evidence where their property begins and ends. In essence, it gives them a legal leg to stand on when arguing about the encroachment of a driveway.

Working out an agreement

In some cases, it is possible to work out an agreement with the encroaching neighbor. Some will work out a rental agreement, in which the encroaching neighbor agrees to pay a fee – usually monthly – for use of the other neighbor’s property. In others, a property owner may exert their right to have the driveway removed from the property entirely.

Going to court

However, some neighbors will put up a fight and make matters unnecessarily difficult for those involved. In such cases, a property owner may find it necessary to take the individual to court. Fortunately, with things like the land survey on hand, these property owners have a higher rate of winning the court case and getting compensation for the use of their land.