What to do if 1/2 of my drivewayis on my neighbor’s property?
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What to do if 1/2 of my drivewayis on my neighbor’s property?
I purchased a bank owned house on 10/28/08. After closing of escrow, the owner of the adjacent vacant lot told me that more than half of the existing driveway (approx 120’x18′) is on his property. This narrow piece of land that runs along the eside of my driveway is part of a very steep lot that drops down about 7′, almost vertical. Is the seller (bank) responsible for disclosure that more than half of the existing driveway is on somebody else’s property ? Now my driveway is so narrow that it is very hard to get in and out safely. Are adverse possession or a prescriptive easement applicable in this case because the driveway has been used by this house since 1950 when the house was built?
Asked on October 12, 2010 under Real Estate Law, Oregon
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Was there a title search and a survey done? Was there an easement in the deed? Did you have legal counsel during the transaction? There should be some recourse but the bank will assume that you did your research as to the property before purchase. Their duty to disclose may not be as you think. I believe that in Oregon the adverse possession must establish ten years of continuous use. You have that here. It is the other factors needed that I am concerned about. Prescritive easement may work as well and I would ask for both in the proceeding (pleading in the alternative we call it: if not x then y). What I would do is speak with a real estate attorney about bringing an action here as soon as you can. Good luck.
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