Seller has potential easement issue?

[Jeff S.]

I have a seller that thinks they have a potential easement issue. The neighbor (several years ago) and since moved/resold their house, installed an extension on their driveway that runs right next to the property line. I've searched other forums to find advice on this but I'm still not sure where to start. I'm trying to figure out if this is something that needs to be resolved and how to do it with the least amount of expense incurred.

So a few questions:

How far does a structure (or concrete drive) encroach around its premises? Do I contact the city to take a look? A surveyor? I've read multiple suggestions on related threads to contact a real estate attorney, but I don't want to spin the hourly wheel if I can do some of it myself. The add-on was not permitted to the seller's knowledge. I haven't gone to verify that with the city. Also, I'm concerned that I may start off on the wrong foot with the new neighbors if I rent the place out and we just fought a legal battle over the property line. But I also want to make sure I will be getting all the land I'm paying for, free of issues on the front end.

[Dion DePaoli]

You should be able to contact the local zoning department for some clarity on the ordinances. They should give you insight into whether there is a violation or not.

Unless there is an actual violation, you don't need an attorney yet. If there is, you may need an attorney to help resolved, however the department will also give you insight, if you ask, as to how to cure the violation.

These types of issues are not universally governed from city to city, county to count or state to state, so you must seek the local guidance from the department. Asking them questions is free.

[Joel Owens]

Jeff there is a lot more too these types of things then it looks.

On my commercial deals with clients surveys reveal sometimes encroachment issues etc.

The attorneys step in at that point. It's not fun but you do not want insurance exempting these types of things before closing and biting you down the road.

Some attorneys if you call around that specialize in easements and encroachments will talk to you on the phone. You could even offer to take them out to lunch or dinner on your dime.

Even if you do not want to use them you could glean valuable info that can help you along the process yourself. If it gets too deep on your own you could always try to pull them in to help out.

No legal advice.

[Wayne Brooks]

You said neighbor's driveway "near the property line". If it' s not on your side of the line, it doesn't matter, the neighbor may have a set back issue, but not you. Only a survey (unless you can find the buried rods/pins) will tell you if it crosses over to your side.

[Jeff S.]

Wayne Brooks, Dion DePaoli, and Joel Owens - Thank you, I appreciate all your input.

I will start with the zoning department and see where that leads.