Legal Question in Real Estate Law in New Jersey
Property lines
Our property lines are confusing. Our Neighbor owns the front 15 feet of our driveway. We own a good portion of his backyard. The line is slanted for some reason. It has been this way for over a 100 years. We purchase the home from parents. Now the neighbor is saying he owns our driveway and wants to use it. It's the only access we have to get into our driveway, which runs the length of the property. We don't use the backyard that we own on his side. The driveway can not be moved due to a electrical pole and fire hydrant in the way. The town will not allow it. HELP! We thought maybe we can have the lines changed? What do we do now?
3 Answers from Attorneys
Re: Property lines
Feel free to give me a call. I would be happy to discuss your options with you. 215.568.7770
Re: Property lines
If the neighbor agrees you can swap property but you have to go to the town to get a sudivision. Call our office for help.
Re: Property lines
Do you have a survey of the property? If not, this is the place to start, by getting a new survey done. It sounds like whoever built the driveway and/or the home created a situation where there are duplicate property lines and ownership. The use of your driveway should not be denied, and there must be somewhere in the Deeds or prior Deeds a perpetual easement to use the driveway or at least the portion belonging to your neighbor. If this is so, and the new survey does show the line as you describe, I suggest you and your neighbor trying to settle the issue by exchanging properties (you get the driveway and he gets his backyard). The answer may be different if the driveway is a common driveway providing access to both properties. If the latter is not the case, you may be required to go before your zoning board for a minor subdivision approval for the property swap. Additionally, I suggest you contact your title insurance company to get their suggestions on how the Deeds should be written and the new property lines described. I would check with your zoning board attorney to see if this can be done in some simple manner.
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