What Is a Driveway Encroachment?

Property Encroachment

• Driveway encroachment on a neighbor's property can damage the relationship between neighbors, but it could be done unintentionally due to a contractor's miscalculation. This issue can negatively impact the neighbor's ability to sell the house. A neighbor who wants the encroaching portion removed would have to research that specific state's possession laws. Depending on the length of time the driveway has been there, the owner of the driveway could have a legal right to keep the driveway intact.

Encroachment Resolutions

• To maintain neighborly relations, if the encroachment does not take up a significant portion of land, the encroached-upon neighbor has several options, including selling the portion of land or leasing it. Another option is to have a lawyer draw up a legal license for the neighbor to use the land. In a hostile situation, the neighbor could ask for the encroaching portion to be removed; but if the driveway owner refuses, this could result in an expensive legal case. Typically, a resolution keeps the driveway intact with a formal agreement that the driveway owner pay the property taxes on that portion of encroached land.

Growth Encroachment

• Plants that encroach on a driveway increase maintenance because the wayward weeds or grass must be pulled or killed. If not regularly maintained, plant roots can damage the driveway foundation and detract from its appearance. Encroachment occurs when the grass or other ground cover that surrounds the driveway is invasive. Trimming the edges of the driveway gives it a tidy look but does not stop underground roots from spreading.

Landscaping Solution

• A simple and effective solution to encroaching weeds and grass is to install borders or edging along the driveway. Typically laid over a gravel base, edging blocks growth above and below ground. It also adds definition and style to a driveway. Timber or fieldstone brings out the rustic character of your home while pavers or bricks offer a traditional, clean look. When choosing your material, consider which will best unify the driveway with other elements in the existing landscape.