Legal Question in Real Estate Law in Michigan

Driveway Encroachment

9 years ago we purchased a new house. It was revealed on closing day that a small portion of our driveway encroached on the neighbor's property. We initialed something and were told ''fairly common, don't worry about it''. The neighbor has never had an issue with it. We are now selling the house and concerned it may turn a buyer away. Is there anything we can do to correct the problem without ripping the driveway out? If the neighbor did choose to make an issue out of it, what could they force us to do? Is there any way to reassure a buyer that this won't be a problem for them?


Asked on 7/20/04, 10:37 am

1 Answer from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: Driveway Encroachment

If you are concerned and you really want to be on the safe side, you can start a quiet title lawsuit to establish ownership by adverse possession of the property. If successful in your lawsuit, you can then feel secure that your warranties made to your buyer in any future deed will hold up. For more info., please contact my office at (248)851-3171.

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Answered on 7/21/04, 9:44 am


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