Readers ask: How close can a driveway be to the property line?

How close to the property line can I put my driveway?

A driveway can be right at the property line, but not a garage, and in most cases not even a permanently-built carport, with just a roof. Pretty much a standard, though, is that it must be eight feet back from the property line for any permanent structure with a roof.

What is a driveway encroachment?

As a homeowner, you may have to deal with two types of “driveway encroachment.” One is a property-line issue that results when a neighbor’s concrete driveway extends beyond her property line and encroaches, or crosses, yours.

What can I do if my neighbor’s driveway is on my property?

You can do nothing and let the neighbor file a lawsuit. You would counter-sue to have the court rule that the easement is yours to use. Or, you can be proactive and file a lawsuit to have a court make your easement official.

How close to a Neighbour’s property can I build?

In general, your neighbour only has the right to build up to the boundary line (line of junction) between the two properties but there are circumstances when they can legitimately build on your land. You can give consent for them to build a new party wall and foundations on your land.

Can my Neighbour build right to my boundary?

The short answer is “yes, subject to serving a valid notice and following the processes set out in The Party Wall Act. The party wall act only applies to “structures” (ie: a wall with a foundation), it does not apply to timber fences or other screens.

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Can I widen my driveway without a permit?

It would depend on the local laws in your area. It may be illegal and in certain areas if you built the driveway without a permit and the council catches up with you you may be ordered to destroy it. In some areas if the driveway is under a certain length and simple in construction you may not need a permit.

What is considered an encroachment?

What Is The Definition Of An Encroachment? In real estate, an encroachment occurs when a neighbor builds something either on or overhanging your property. An encroachment is a problem because it impedes the use of the property for the person whose land is being encroached upon.

Is a fence an encroachment?

An encroachment occurs when your neighbor intrudes on or over land with some kind of a structure, such as a fence or a deck that veers across the boundary line. Even if you personally don’t mind about the encroachment, it’s important to at least acknowledge its existence for when you sell the home.

How do you handle property encroachment?

3 Best Ways to Handle Encroachments

  1. A Land Survey Works Wonders for Boundary Disputes. If you feel like your neighbor has or is developing on top of your land, you may want to get a professional land survey.
  2. Talk it Over and Offer Concessions.
  3. Bring on a Neutral Third Party.
  4. Hire a Qualified Estate Attorney.

Can I remove encroachment?

If all else fails, going to court may be required to get rid of an encroachment. In many cases, you would need to prove two things: 1) that you actually own the property; and 2) that the neighbor is using the land improperly and should be removed.

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Can my Neighbour use my driveway?

Answer: You should check your title deeds to ensure that there is no documented right for the neighbour to use your driveway in that manner. If no right is apparent, it is still possible for the neighbour to have acquired a right to use part of your driveway in order to move in and out of their driveway.

Is encroachment a crime?

unlawful interference on another’s land or with their rights. ENCROACHMENT. An unlawful gaining upon the right or possession of another; as, when a man sets his fence beyond his line; in this case the proper remedy for the party injured is an action of ejectment, or an action of trespass.

How close to a boundary wall can you build?

For those building a double extension on their property, you cannot go closer than seven meters to the boundary. Any pitch on the roof that is higher than one story must match the existing pitch on the property. Under permitted development you cannot add balconies, raised platforms or verandas.

What is the 45 degree rule?

THE 45 DEGREE-CODE (Non-Terraced Property) To comply with the 45 degree code, First Floor extensions shall be designed so as not to cross the 45 degree line from an adjoining neighbour’s nearest window which lights a habitable room or kitchen.

How close to the boundary can I build?

You cannot build a house (or other structure) closer than 2 metres to a boundary that you share with a neighbour. Height (building) recession plane: Recession planes are lines that proceed at an angle from the horizontal, measured from any point 2.5 metres vertically above ground level along site boundaries.

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