Claims Half of Our Driveway is His?

[jen]

Not long after my mother and I moved into the house she bought next door to our cousin, our cousin built a fence about 6 inches past our backyard fence onto our property. It made our driveway harder to turn into.
He claims that the people who built our's and our neighbors houses did not measure the land correctly, and thus, he actually owns about 6 feet of our property, half of our driveway. The landlord, of course, did not inform us of this little problem and claims my cousin is right.

But to make up for it, we apparently own all of our neighbors driveway right up next to their house. They don't know this, though. Like 8 feet.

I feel it's hard to believe the builders made that huge of a mistake twice, with two houses. My cousins son is a land surveyor and has offered his services, but obviously, I don't like that idea. Land surveyors cost way too much.

Is there another way to know? What can I do? Any thoughts?

[akule76]

Not long after my mother and I moved into the house she bought next door to our cousin, our cousin built a fence about 6 inches past our backyard fence onto our property. It made our driveway harder to turn into.
He claims that the people who built our's and our neighbors houses did not measure the land correctly, and thus, he actually owns about 6 feet of our property, half of our driveway. The landlord, of course, did not inform us of this little problem and claims my cousin is right.

But to make up for it, we apparently own all of our neighbors driveway right up next to their house. They don't know this, though. Like 8 feet.

I feel it's hard to believe the builders made that huge of a mistake twice, with two houses. My cousins son is a land surveyor and has offered his services, but obviously, I don't like that idea. Land surveyors cost way too much.

Is there another way to know? What can I do? Any thoughts?

You need to have all of this re-surveyed. Please do not hire a family member to do this.

[vohkinne]

The only thing you can do is get the land surveyed. There's no other way. Was the property not surveyed before you bought the house?

[gofraidh34]

well, you can try to get the plat map from the local land records office and figure it out for yourself, beginning at a known and specific reference point.

you'd not have to be accurate to the 1/5th of an inch or less that a surveyor charges for, just within a foot or so. when i do this, i usually assume the the center of the cross street is actually in the center of the pavement there and measure from that spot.

[denys]

You need the property surveyed based on the recorded deeds. I would suggest that you use someone other than your cousin. You want the issue resolved, spend the money it's going to take.

[piaras91]

When you bought the property it was surveyed. It was supposed to be accurate then. Is it? Have it redone. Not by family, don't even get into this problem.

[aingeni]

Call the town or the city you live in and have them send a surveyer it. My parents did.this and they charged us $50

[hrafn]

Find your deed and get the exact measurements of the property. Find an old land stake in the ground if one still exists and measure to get a sense of whose right.

I know in a lot of towns you have to build your fence 6 inches off your property.

Add - 6 inches on your own property, yes.

[dodya]

That's why you got title insurance when you bought the house. Call the title company now. They'll handle it. Also call the Realtor and make loud noises. They will work on it because they don't want to be sued. If they landlord sold the property he's pretty cavalier about it for someone who can be sued for the error in disclosure.