QUESTION
Losing crucial two feet from narrow driveway due to new construction next door. Driveway like that when house purchased, no deed easement. My rights?
Asked on Jun 06th, 2017 on Residential Real Estate - Michigan
More details to this question:
Driveway has existed as is for many years. City apron matches current driveway edges. I may not be able to use my driveway to park in my garage. Do I have any legal rights to keep the driveway as is? Ground broken on new construction today & they cut my driveway on the property line and put a construction fence up/ I have only inches on either side between my house and the fence. It's an asphalt driveway.
1 ANSWER
Real Estate Law Attorney serving Holland, MI
at
Cunningham Dalman
Update Your Profile
You may have legal rights. Generally if the driveway (or some other obvious sign of occupation) was in place for at least 15 years, without permission from the neighbor, or if you and the neighbor had a dispute about the boundary location and yet he acquiesced in your driveway being there, you would have protected rights. Acquiescence is the most likely cause of action against the neighbor. You need to take legal action within one year of the "ouster" to reclaim your rights. These cases are very fact-dependent so can get costly.
Answered on Jul 03rd, 2017 at 5:46 AM