Driveway and Property Line

[zooter]

Hey Guys,

I recently moved into a new home (new construction) and one of our neighbours claims that our driveway is encroaching on his property. I don't have a RPR yet, the builder is getting one prepared for me and neither does my neighbour. But he "believes" based on I guess running a string or something from back to front that my driveway is on his property. If it is, it would be a very small portion only a few inches.

Anyways, I'm wondering what the options are if this is true? If the neighbour goes ahead and cuts out part of my driveway while I am away can I sue him? I imagine there is a due process to go through before someone just goes ahead and alters another person's property?

[TomcoPDR]

I would hope this is covered by the home builder/concrete company

[Mibz]

Originally posted by TomcoPDR
I would hope this is covered by the home builder/concrete company Yeah.

[englishbob]

when he has 'proof' that your driveway is at fault tell him to talk to the builder, until then tell him 'welcome to the neighbourhood'

[benyl]

You have to be 6 inches from the property line.

I've seen many driveways, especially in cul-de-sacs where parts of the driveway have been cut out after the pour.

You can't sue anyone. The city will come and tell you to cut at your own expense. Your builder should take care of it or else your rpr / site plan won't be approved and signed off by the city.

That encroachment will also fuck you when you go to sell if it is truly encroaching.

[Star1995]

Wait for the RPR, if your neighbor is correct, tell the builder to fix the problem. Respect your neighbor's property and your life will be much better. Get it corrected today and you'll save yourself a big hassle down the road.

:thumbsup: for respecting others property.

[zooter]

Thanks for the replies guys. This is the first time I've purchased a new home so I wasn't quite sure about the RPR...the builder told me I would get it soon after we moved in. Now I'm thinking I should have gotten the place surveyed myself beforehand. The builder has been pretty good so I think they would correct the issue if I asked, plus I get the 1 year builder's warranty which basically covers anything.

I will wait for the RPR to confirm as a lot of times the property lines aren't square so it may be a non-issue. My question around suing was if the neighbour takes matters into his own hands and cuts out part of my driveway without telling/asking me. I think I would have grounds for some legal action there would I not?

[Star1995]

Don't worry, if the neighbor takes it in to his own hands and is right you just saved the money to have it done, if he's wrong have him repair the damage, or be the bigger man and work around it. I assume we're talking about a few square feet in total area. Again let the RPR come in before doing anything. Remember it's not your fault since you're just coming into the property.

[zooter]

^yes that's true. Is getting an RPR after purchase common with a new house?

[benyl]

Yep, it always comes a month or two later.

Is your lot graded? If not, you might have to wait for them to grade it so that they can do the RPR and the grade certificate.

[bignerd]

He based it on running a piece of string? Did he find the property "pins" that denote the lots to do this from? They are dug quite deep, at least ours were. If neither of you have an RPR I wouldn't put too much weight in his claim.