Our driveway encroaches on our neighbors property out on the right of way by the road. Do I have any rights?

Asked over 1 year ago - West Falls, NY

We built our home and moved in April 2008. In 2010 the 3 achers next to us were sold and the servey showed our driveway encroached on our neighbors property out on the right of way by the road which is also un-useable property to him. He didn't want to buy the property unless we removed the small portion of black top, the seller refused to ask us to do so and took $2k off the price because of it. He has now sent us a letter asking us to acknowledge that the property is theirs by signing it (I understand and appreciate this). However the letter also states that we are only allowed to snow plow it. We may not maintain it in any other way. So if we ever needed to repair or reseal our driveway this portion would need to be left alone. I am just wondering if I have any rights. This is on the towns right of way, useless to him and it is such a small portion of his property you couldn't even fit a lounge chair on it. Do I have any rights?

Attorney answers (1)

  1. Richard J. Brickwedde

    Contributor Level 12


    Lawyers agree

    Answered . You need to sit down with a real estate lawyer with your deed, abstract, survey (showing the encroachment). There are too many possibilities to give a reliable answer to your inquiry.

    My answer to your question is for general purposes only and does not establish an attorney-client relationship,

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