Neighbor had recent property line survey. Saying my driveway is on their side.

Question

I have been in my home for over 30 years. The previous owner put in a driveway. (about 40 years ago)  
My next door neighbor who moved in 18 years ago decided to recently survey the property. Told me my driveway is on their side. May want a section broken off. What are my rights?

James L. Arrasmith · Answer

In California, you may have legal grounds to keep your driveway where it is due to a concept known as "adverse possession" or "prescriptive easement." Since the driveway has been in place for over 40 years, and you’ve used it openly, continuously, and without the neighbor's permission, this long-term use could establish a right to maintain the driveway in its current location. 
 
It’s important to understand that property disputes can be complex, and the exact boundaries and rights often depend on the specifics of the situation, including how long the driveway has been there and the history of its use. Even though your neighbor’s survey shows a different property line, you may still have rights based on the long-standing use of the driveway. 
 
Consider discussing this issue calmly with your neighbor to find a resolution, as this could save both parties time and money. If necessary, consulting with a real estate attorney to understand your rights fully and protect your interests might be beneficial. They can guide you on the best steps to take, whether it's negotiating an agreement with your neighbor or defending your right to use the driveway.

Q: Neighbor had recent property line survey. Saying my driveway is on their side.