Legal Question in Real Estate Law in Virginia

we purchased our home in 2001 in Virginia. The previous owner had installed an asphalt driveway which encroaches on the neighbors property about 12 feet. The neighbor had given him permission to do so. Now she is selling her home and the title insurance company will not insure due to the encroachment and want the portion of the driveway on her property removed. What recourse do we have and how much of an encroachment is acceptable for title insurance purposes


Asked on 3/23/13, 6:05 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Your appropriate recourse (in my view) would be to tell this neighbor

that she has your permission to have this asphalt encroachment

removed (at her expense, of course).

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Answered on 3/23/13, 9:22 am


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