Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Assuming the driveway has been there since 1978, at a minimum you have the right to use the whole width of the driveway under the doctrine of prescriptive easement. Cutting the grass does not get you any more rights. My experience is that when a driveway straddles a property line, like yours, there is usually a recorded driveway or access easement entered into by prior owners of your and the neighbor's lots. Look at your purchase deed's legal description, if it says something like, " together with such and such easement . . . " or " Subject to such and such easement . . ." there is probably a recorded driveway or access easement. You can also pay a title insurance company to do a chain of title search to see if there is in fact a recorded easement for the portion of the driveway on the neighbor's lot.