How do make sure I don’t loose my propoerty to the new owner? What do I need to file? Do they have any right to do this?

UPDATED: May 23, 2009

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How do make sure I don’t loose my propoerty to the new owner? What do I need to file? Do they have any right to do this?

A while (approx a year or so ago) back my neighbor asked me if he could add approximately 2 feet to his driveway (onto my property) because he was running over my grass daily. I agreed to let him add to his driveway but not to give him that land – just to pave it. They are now selling their house and I want to make sure that they are not selling my land to the new owner. I have asked them to sign a disclosure indicating that the new owner understands that part of this driveway is on my property. They will not sign it, nor disclose /have the party offerring to purchase the property sign it.

Asked on May 23, 2009 under Real Estate Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Your home is too important to take chances with, so it might be a very good idea to talk to a real estate lawyer in your area, who can give you reliable advice based on all the facts -- a few photographs might be a very good thing to take with you to that consultation.  One place to find an attorney is our website,

Typically, when a house is sold, either a new survey is done, for a very exact description of the property lines, or the description from an older deed that is relatively recent is used, and the fact that the driveway goes over the property line should show up on a new survey.

There are several ways you can protect yourself here, and an attorney can help you choose the one that best fits your situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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