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Is it legal for my neighbor to install his new concrete driveway 1 ft onto my property because of an easement or right of way?

Dayton, OH |

The Centerville oh building inspector said it was because it is law to have a 3 ft apron and I don't own that part of my yard because of a right of way. Even though my neighbor had room on his own property to fit it in without using my yard. I live on a cul de sac ,so have a very small front yard.

Attorney Answers 2


  1. Best answer

    Lots of questions here, including one imbedded in your question. You say "my property" but then acknowledge the offending portion of the driveway is in City ROW, which you do not own. You will need to consult a local attorney who can review the plat and any deed restrictions that apply to your specific situation. As with any dispute, especially those involving your neighbors, you will have to ask yourself whether the fight is worth the time, money and brain damage (hurt feelings, stress, etc.). That is a question no lawyer can answer for you. Good luck.


  2. not a good idea to fight
    based on the short set of facts you would lose

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