Legal Question in Real Estate Law in New Jersey
Boundary line
My husband and I are looking to purchase a new home. The corner of the property of the home we are interested in has a property line problem. The neighbors next door are driving across the corner of the property. It is not a paved driveway and they also have two other entrances to their property. We would like to stop them from using the third unpaved driveway that will cut across our property. Can we do this?
2 Answers from Attorneys
Re: Boundary line
First step is to get a detailed survey showing the correct property line. Have the current owner, after the survey is obtained, contact the neighbor and advise him of the situation, with a letter (certified mail) indicating he is improperly using the driveway and to cease and desist. His actions constitute tresspass and could result in a damage claim as well for encraching on your property. Either he must stop or pay you the value of the property being used. Be sure to check on the question of adverse possession, which is the open and notorious use of another's property. If this has continued for some time (usually 20 years is the rule), he may have gotten property rights by his continual use. This will require a local attorney familiar with these issues to resolve.
Re: Boundary line
Yes you can, but you first need to get a survey ot the property. If you want to buy it, you should try to get the current owner to contact the neighbor first with a copy of the survey. If he does not stop, the next step is to file a criminal complaint for trespass or law suit to have a judge order him to stop. If you want more information or help, please call for an appointment. Mention LawGuru and get a free half hour consultation. Good luck
Bernie Berkowitz
973-808-2003
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