Legal Question in Real Estate Law in Virginia

My driveway encroaches onto my neighbors land from one to a few feet. it has had the same footprint for 40 years and nothing was said about it. does it fall into adverse posession? the driveway is about 100 feet in length. the encroachment is an arc of about 30 feet. the encroached land is not used except for the edge of my driveway.

thank you


Asked on 7/18/10, 3:06 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

It could, unless the neighbor can show that it was done with permission, in which case the possession is not adverse.

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Answered on 7/19/10, 6:44 am


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