What are driveway encroachments?

On Behalf of | Aug 11, 2022 | Uncategorized

Dealing with neighbors can often be a difficult thing for many different reasons. The possibility of a driveway encroachment is just one of these.

But what exactly is a driveway encroachment? How does it impact all parties involved? And how does this issue end up resolved?

Defining a driveway encroachment

The SF Gate discusses driveway encroachments. First: what is it? A driveway encroachment happens when one person builds a driveway that happens to encroach on the property of their neighbor. This often happens accidentally and in a non-malicious way, though it sometimes is a very calculated move.

When handling a potential driveway encroachment, a property owner should get a professional to examine the boundaries of their property and land. This will determine whether or not they have a leg to stand on if they decide to take their case to court.

How to handle these issues

However, many of these issues get settled outside of court because – as mentioned – most of these instances happen accidentally. Some people choose to settle it through a rental type arrangement. Essentially, the person whose property got encroached on will draft a rental agreement in which the person who built the driveway will pay a certain amount per month or year to use the property they encroached on.

Of course, it is within the rights of the property owner to disallow the driveway from existing on their property in the first place. Sometimes, they can come to agreements or arrangements with the other person. Other times, the matter does need to go to court, where a judge can examine the case and make a final decision.