Expert: Charles W. Field - 9/2/2004

Question
We just purchased a newly constructed home in PA. After settlement, when the township performed the final survey and marking of property lines, we noticed that a portion of our neighbors driveway is about 2-3 feet on our property. Should we be concerned about any possibility liability if someone slips/falls on the driveway. Are they responsible since it is their driveway, or are we responsible since it's our property? We are not concerned about the 2-3 feet but wonder if there is something we should attend to for any reason. Thanks for your help


Answer
Since it's your property, you need to be concerned about liability. I would advise that you consult with a local attorney about forcing your neighbor to remove that part of the driveway on your property (you may even be legally able to do it yourself) OR deeding that portion of your property to your neighbor. I would choose the first option.