Q: We are preparing to refinance our home, and the lender ordered a new survey. It turns out that about 2 feet of our driveway is on our neighbor’s property. The driveway has been there since the house was built over 20 years ago, and no one has ever said a word about it. Now we are worried this could cause problems. What should we do? — Kevin

A: I see this come up fairly often, especially when a new survey is ordered for a refinance or sale.

Property lines do not always match what everyone assumes, and driveways, fences, sheds, and landscaping are often found to be a few inches or even a few feet over the line when a new survey is conducted.

The good news is that these situations are usually manageable, especially when both sides are willing to work together.

The first step is to confirm the survey results. Ensure the survey was conducted by a licensed surveyor and that the boundary markers and legal descriptions were properly reviewed. If there is any reason to question the results, a second opinion can be helpful.

In a boundary dispute, a survey is important evidence, but it is not automatically conclusive if other records, monuments, or long-standing conditions indicate a different line.

Once you have confirmed the encroachment, talk to your neighbor. This is not the kind of conversation most people look forward to, but it is important to address it directly.

In many cases, the neighbor is unaware of the issue. Your neighbor may simply agree to the change, or you may have to buy it for a reasonable price.

If you can agree on a solution, your next step is to prepare a written agreement, which may take the form of a boundary agreement, an easement, or another recorded instrument that identifies the encroachment and the parties’ rights and obligations.

It is important to address this now rather than ignore it, because an unresolved encroachment can create real problems when it is time to sell or refinance. The title company or the buyer may raise an issue and insist on a recorded resolution before closing.

Dealing with it now, while your relationship with your neighbor is good, is far easier than dealing with it during a closing under time pressure.

If you and your neighbor cannot reach a compromise, the law may offer other solutions to your problem.

Long, open use of another person’s land can sometimes support a claim of adverse possession or a boundary-related argument, but only if the specific legal requirements are met.

The fact that your driveway has been in place for over 20 years may help in some situations, but it does not by itself guarantee the right to keep the encroachment.

Securing a written agreement or a corrected property line is far cleaner and more predictable than relying on a later legal dispute, which could be costly and aggravating.

Consult an experienced real estate attorney to review the survey, explain your options, and prepare the necessary documents.

Whether that means a boundary line agreement, a lot line adjustment, a recorded easement, or, if all else fails, a lawsuit, resolving it now will save you headaches later and give you and your neighbor peace of mind.

____

©2026 South Florida Sun Sentinel. Visit at sun-sentinel.com. Distributed by Tribune Content Agency, LLC.