How Would You Deal With This Survey?

[Account Closed]

Hello,

How would you deal with the following situation? Everything has come through amazingly on this house so far.

Complete pier & beam to roof rehab, plus an addition to the original house of about 20 feet.

Today we received the survey, and closing is on Friday.

Can the title company's attorney (Dallas, Texas) figure this one out so we do not lose the driveway? Is it possible that due to the length of time this driveway has existed that somehow there is a grandfather clause?

The fence on the west side of the house is quite far off from the current fence (not sure who owns the fence yet). I do know that the owner plans on not doing anything about this issue.

The east side of the property as you see has a boundary line running through the middle of the driveway.

I am not sure if this matters at all, but here are photos dating back from 2011 showing this area used as a driveway. See below:

August 2011 August 2011 December 2012 June 2014 February 2016 May 2018 April 2019

I look forward to your input and comments!

Thanks, 

[Guy Gimenez]

Title company will except out from coverage the portion of the driveway encroaching onto the neighboring property. You won't have any adverse possession claim and it's highly doubtful that the current owner can make that claim either. An adverse possession claim is hardly as easy to make as many believe. You could always seek a perpetual easement for the drive or ask if they'll sell the portion of the lot where the drive is located. Otherwise, say nothing and continue to use it as has been done for years. When it becomes an issue, address it at that time.