What to do if my neighbor recently told me that her property line was actually 3 feet inside of my fence and driveway?
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What to do if my neighbor recently told me that her property line was actually 3 feet inside of my fence and driveway?
I was getting ready to have my driveway done (gravel) when she came out and told me. I have owned the property for 10 years and the driveway has always been in the same location, she has owned for 5 years. Based on plat map it appears she is correct about the location of the property line. Do I have any option for her to grant a easement for the driveway area and/or area inside the fence line.
Asked on July 1, 2015 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can ask for an easement--and, of course, offer to pay for one if you want--but she is not required to grant it. You also do not seem to be in situation, like a "land locked" lot (i.e. property only reachable across another's property) where the courts might order an easement over her objections. It is very possible that you may have to move your fence and driveway, since they apparently sit on land owned by another.
Another option is to discuss with her whether you buy that 3' strip from her, so that it will added to/merged with your property. If she is at least somewhat receptive in principal, bring in a real estate attorney to help negotiate, structure, and accomplish this.
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