Should I pave my dirt driveway that I know encroaches on my neighbor's property?

Question

Alright, folks, here's a weird one. When I bought my house in December, we were aware that the driveway encroaches over the neighboring property line by 8ft where it meets the road, and then cuts back at an angle from there. Title company is aware of this, as is the title insurance company, and when we raised alarm bells about it they assured me that they would cover any costs associated with the driveway.

Now that spring is upon us and (at least over here) we're starting to thaw, this dirt/gravel driveway is starting to develop some ruts. I have extra cash set aside, and could afford to have it filled/paved, I'm just wondering if it's a good idea, knowing the circumstances? Or should I just play it safe and stick to gravel? Any advice is appreciated.

Aussie Devil · Answer

no  just spread gravel on it

Anonymous · Answer

Actually, go to City Hall Planning Department.
Your property is marked out on their master plan.  They will give you a page of your neighborhood and where all the property pins are  They also have the rules and regulations or Bylaws for driveways.   Play it safe.  8 feet is not encroachment, that is squatting on property  WHEN IT AIN'T yours.   Know where your property pins are and GO BY THAT LINE.  Some people get ansy about losing an INCH.
. You will NEVER KNOW when that other property changes owners(and the next guy will be >rightfully< in the right when he tells you to get your "flucking" driveway off of his property.  He pays taxes for his property. You don't pay for his taxes.   If you don't take it out, he will call the city hall people (and them guys get damn good wages) and bring out the heavy duty equipment and surveyor and the driveway is RIPPED OUT BY THEIR Excavator and YOU will have to pay for the city worker wages and the surveyor and whatever nonsense. "Nonsense" means more to pay.
. There is NOTHING you can do.  GRIN & pay for it. You lose money, you lose your driveway, they are not obliged to fix your driveway either-not their concern. The rules are there in print. U frucked up.
. So you got to do it again.  All your cost. I am betting you don't want that cost ANYTIME.

Also, I would not do pavement until the thaw is finished and the ground dries up hard.  You got a summer, right?  Round about that time after the rains. In the mean time 1/2" crush should give you a good packed driveway after driving over it many times.  Mine is equivalent to roadway with the odd weed where I don't drive.

Joe · Answer

Paving the encroachment would be a sure-fire way to find the neighboring property owner: He will demand that you remove the paving, and will probably deny you use of the encroachment.

Don't do anything permanent.  Leave well enough alone.

T C · Answer

This should have been settled prior to closing.

What you do is up to you…. but I would check into your state laws regarding “adverse possession”.

Depending on how long the previous owner used this land, and as long as there is not an exclusion in your contract, you may already have legal ownership of it.

thinkingtime · Answer

Ask your neighbour.

Should I pave my dirt driveway that I know encroaches on my neighbor's property?

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