If I just bought a house and the neighbor’s entire driveway and shed are on my property and a corner of my house is on my other neighbor’s property, what can happen?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I just bought a house and the neighbor’s entire driveway and shed are on my property and a corner of my house is on my other neighbor’s property, what can happen?
If someone were to slip and fall on my neighbors driveway would I be liable for their injuries since it occurred on my property? What is the worst case scenario for the corner of my house that’s is on my neighbors property?
Asked on June 16, 2015 under Real Estate Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
1) If someone were to fall on property that is ostensibly our neighbor's but is actually yours and ownership were to be discovered, you could potentially be sued for their injury: a property owner can be held liable for injuries occuring on his/her property. While you might escape liability by showing you had no control over what happened, and therefore no fault, at the least you'd have to go to the trouble and expense of defending yourself--and there is no guaranty you'd win.
2) If part of your house is on a neigbor's property, the neighbor could potentially force you to remove (demolish) that part of your house.
3) You could force the neighbor to remove the shed and driveway.
One way to resolve this situation would be for you and your neighbor to each deed each other the relevant pieces of land, so everyone owns the land with their property on it. You are advised to consult with a real estate attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.