Legal Question in Real Estate Law in New York

Neighbors driveway is encroaching on my property

I have owned my house for 9 years. My neighbor put in a new driveway sometime in the past 15-20 years that butts right up to the foundation on my house, three feet onto my property. I want to put drainage tile in and the only place to run the drainage tile is along this side of my house. In addition, I'm afraid I'll get water in my basement. Who is responsible to have the concrete cut and removed. The neighbor refuses to pay and says if I have it cut and removed and in the process crack their driveway, they'll hold me responsible.


Asked on 7/24/02, 4:13 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Neighbors driveway is encroaching on my property

If the driveway is on your property, the neighbor is responsible to remove the encroachment.

A possible remedy to the situation is for you to contact the Town or Village Hall. A driveway constructed without the proper permit or without a certificate of completion may result in your neighbor being fined and forced by the local government to remove the encroachment.

Mike.

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Answered on 7/24/02, 4:24 pm


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