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My property was surveyed and found that neighbors driveway…

Customer Question
My property was surveyed...

My property was surveyed and found that neighbors driveway in partly on our property. Should anything be done?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Has any paperwork been filed?

No. We purchased this new build in June. The neighbors have lived their for years and told us the previous owners of our lot, "allowed" him to add the driveway on the property. However, when the lot was surveyed prior to us signing, nothing was brought up about part of the driveway being on our property. Until we went to have a fence installed, and they asked if we wanted our fence to be in the middle of his driveway since that's where the property line was, LOL.

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/18/2017
Real Estate Lawyer: Ray, Lawyer replied 11 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,833
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 11 months ago

Did you purchase a title policy here?

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Customer reply replied 11 months ago
I'm not sure?
Customer reply replied 11 months ago
Hello?
Real Estate Lawyer: Ray, Lawyer replied 11 months ago

Well it is an encroachment on your property.The title company if you have title policy would be legally obligated to deal with it by making the neighbor move driveway or some other suitable solution.This is normally discovered during a title search.One is that there is an easement or something similar or two no title company was involved and no title policy.It comes down to if you had such a policy it is their problem, if not its yours and need to be resolved.A verbal agreement here doesn't mean anything it has to be in writing to be legal.You can force them to move the driveway or buy an easement from you.

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