Legal Question in Real Estate Law in California
Replacement Driveway at property line.
I need to replace my existing driveway, but my neighbor of 6 months claims that the existing driveway is partially on her property. I at first declined to split the cost of the property line survey, but later offered to pay for half. Now she has said she will pay for it herself. OK. She has also said she wants to build a wall on the property line once it is established, and I am concerned that I will lose the utility of my driveway and garage as a result, if indeed my driveway is on her property.
What are each of us allowed or required by code or precedent to do in such a case? Where can I find code or precedent for such a matter?
1 Answer from Attorneys
Re: Replacement Driveway at property line.
Assuming that the property line does run down the driveway, you probably have acquired an easement to continue to
use the driveway. A court would likely prevent your neighbor from building a wall. It is possible that if the properties
were improved (houses built) with a common driveway, there is even a recorded easement (check your title insurance policy). An
easement is a right, less than ownership, to use another's property; your use would be limited to the use made when the
easement was acquired: use as a driveway.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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