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Tina
Tina, Lawyer
Category: Real Estate Law
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Experience:  17 years of legal experience including real estate law.
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My neighbor expanded his driveway using the portion of his

Customer Question

My neighbor expanded his driveway using the portion of his yard that was attached to my yard that was designed as communal. 30% of what I used to consider as my front yard is now gone and the homeowners association said that they did not approve but they can't do anything about it. Did this drop the value of my home and is he and or the association liable?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 2 years ago.
Hello and thank you for your question. If your neighbor expanded their driveway on to your property you can sue the neighbor to have that portion of the driveway removed.

The association is not charging him with any type of violation? Can you tell me what the bylaws state with regard this type of matter?
Customer: replied 2 years ago.


The neighborhood is designed to have these common yards. It makes every yard look bigger and it makes for a very appealing neighborhood. It has all been kept on his property but it has dramatically changed the look of mine and I now walk out my front door to see cars parked were there used to be a yard. It is my personal belief that this will effect the value of my property even though it is entirely on his side.

Expert:  Attyadvisor replied 2 years ago.
You may want to have a property valuation performed by a Realtor to see the financial damage that this may have caused.

Just to clarify the neighbor did not place any portion of the driveway on your property, however, a portion of the driveway is on a common area?

Can you tell me if the bylaws require enforcement, such as a fine or removing the structure?
Customer: replied 2 years ago.

I would love to send you before and after photos but his new driveway is entirely on his side of the property line but it has obstructed my view and I now am looking at his car. This after telling both myself and 1 other neighbor that he would never park a car there because of the close proximity to my front door.This might sound childish but all of the neighbors in this area are concerned that this could happen to them with no help from the association. The assoc. has said that there is nothing they can do even though he had ignored attempts by them to clarify the need for his desired expansion

Expert:  Attyadvisor replied 2 years ago.
You can attach the photos or send them to me via email to the site at experts@pearl.com

Just reference this question http://www.justanswer.com/real-estate-law/7whd6-neighbor-expanded-driveway-using-portion.html

and let them know that you are working with Attorney2.

To give you more information on the responsibility of the association I would need to see the language that pertains in the bylaws.

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