Learn How To Get A Neighbor's Driveway That Is Encroaching On Your Property Removed

If you have a neighbor that has had a driveway built recently and you think that it is encroaching on your land, it can be hard to know what to do. If you have talked to your neighbor and they have stated that they are not going to remove the portion of the driveway that is on your property, it is best to hire a real estate attorney to have the problem resolved legally rather than try to take matters into your own hands and remove the portion of the driveway on your own. The following guide teaches you the many ways a real estate lawyer (like those at Drennan Law Office) can help you get the driveway removed from your property for good.

Prove Your Property Line

The first thing that the attorney will do is prove where your property line starts and stops. The attorney will find the plat drawing for your property that clearly indicates how the land is divided into multiple properties. If a plat drawing cannot be found, the attorney will help you find a surveyor who can survey the property and determine exactly where your property line is located.

Prove the Encroachment

Once the attorney knows where your property starts and stops, they will know what steps to take to prove that the neighbor's driveway is on your property. The surveyor can place markers that indicate where your property line is located so that the attorney can take pictures to show that the neighbor's driveway is too wide and goes onto your property.

Determine Removal Costs

The attorney will talk to a few driveway construction companies to find out what it would cost for them to remove the portion of the driveway that is on your property. It is important to get a few different estimates to ensure that your attorney is able to provide your neighbor with a fair estimate for how much the removal would cost.

Create Legal Documentation

The attorney can create documentation that states the driveway is illegally on your property. It will inform the neighbor that they have a specific amount of time to have the portion of the driveway removed or you will be taking them to court to have a court order them to remove the driveway.

Represent You in Court

If the neighbor decides that they do not want to remove the driveway, your attorney can fight for you in court. They will represent your case to the judge, present all evidence, and let the judge know exactly what would be required to remove the driveway.

If the judge rules in your favor, the neighbor will have a specific amount of time to have the driveway removed from your property. He or she will also have to pay for new grass seed to be laid and any plants to be replaced that were removed to create the driveway. 

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