We purchased the adjacent lot beside our home. The neighbour on the other side of
Of the lot has his driveway encroaching on our newly acquired lot by approximately 4 feet at one end and has been using this driveway for years. We wish to put a fence
Down the property line on our side. However, if we do this, he will not be able to use his driveway. Does he have squatters rights? What are our legal rights?

Check the easements that might be registered against your deed granting them rights to cross your property. If there are none... then you are lucky. If there is then options are very limited.

If there are none... I would get a professional survey done... have the property lines marked... and place a fence following your local laws as far as setback and height requirements.

As a background... we had a similar situation... shared driveway, neighbor tried to screw us one time too often, claimed the driveway was on their land anyway. Parents found the entire driveway was actually on OUR land... we had it torn up, planted grass and shrubs and put a paved rather than gravel driveway closer to our house. End of problem. But resolve this BEFORE they can use Adverse possession to their advantage. But be careful to follow the law as it pertains to where YOU live or it might backfire on you.

Local laws vary and we don't know what city, county, state or even Country you live.

Yes first there is no such thing as "squatters right" there is adverse possession where they can take ownership of property under specific rules.

As noted they may well have an easement to use the drive way,

We live in Ontario Canada.
There are no easements or right of ways over our newly acquired lot.
Otherwise, our lawyer would have informed us. I have read on the
Internet that in Canada, there are two systems to register a deed.
1. Under Land title system (squatter rights are abolished)
2. Under the Registry system (squatter rights have been preserved).
Will I have to get a lawyer involved to find out under which system the properties have been registered?

We are going to need someone Familiar with Ontario Law to answer that. Most of the Answers you have gotten so far assumed you was in the USA. Were lays may vary but are somewhat similar in basis. I can make no assumptions about Canadian Law.

yes first there is no such thing as "squatters right" there is adverse possession...

More accurately, "squatter's rights" is a vernacular phrase describing a specific form of adverse possesion:


...
The term "squatter's rights" has no actual legal meaning, but is generally used to refer to a specific form of adverse possession where the disseisor holds no title to any properties adjoining the property under dispute.. .
Adverse possession - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Squatter%27s_rights)

Is there anyone who can answer my question?
I think we will have to involve our lawyer and find out where he registered our property and make sure that it is in Land Title system before we proceed with a fence.

Is there anyone who can answer my question?
I think we will have to involve our lawyer and find out where he registered our property and make sure that it is in Land Title system before we proceed with a fence.

Unless someone answers that is familiar with the requirements in Ontario, I think that is the best thing you should do. Making assumptions where the law is concered is a sure way to get you in trouble and cost you a lot of money. Best to be certain before you proceed.

Hello L:

What if I told you absolutely that you have the law on your side, and what if I quoted you the exact law?? What would you DO with that information?? Would you call your neighbor and tell him that you KNOW he's encroaching on your property, and you DEMAND that he remove it?? If you did that, do you think he'd run right out and get to work?? I don't think he would... I think he'd hang up the phone on you...

So, you need MORE than the law.. You need somebody to DO something about it. Hire a lawyer... That's what they do.

excon

Dear excon:
WE KNOW the neighbour's driveway is encroaching on our property AND HE KNOWS his driveway is encroaching. He did not like us clearing our new lot or installing our own driveway. (Which incidentally cost us $13,000 because we had to have rocks blasted.) At the time our driveway was being installed parallel to his because there was less rock in this particular area, he told us to make sure we stay off HIS driveway.
Meanwhile, his driveway as stated earlier is half on our new lot.
Yes, our lawyer is now working on it.

Hello again, L:

Seems to me that IF his driveway is on YOUR property, that he would have been amenable to turning the driveway over to you, in exchange for an easement allowing him access to his parking. It would be THAT, or he looses ANY access to the driveway.

Before I would have spent the money to build a totally extraneous driveway, I would have forced the issue. But, you did something else..

excon

For sure... you would think our neighbour would have been co-operative, but he was not... and you are also right, that if he would obtain an easement over that portion of our lot, his problems would have been over... instead, he has caused the problem to escalate unnecessarily. Now, ONE of us will have to "pay the piper"... hopefully him. You say you would have forced the issue some time ago... but we feel we should "bite the bullet" for a just little while until our lawyer gives us the "go ahead".

My opinion, is if your lawyers finds out you can to it... 4foot tall chain link fence as close to the line as your local laws allow.

And dig up any driveway on your side of the line... right up to that line.

If he comes home drunk at night and hits it... they have to replace it at their expense. Plus it makes it clear even 20 years from now where that line really is.

Its going to last decades... doesn't block the sun... and would be hard to call a spite fence.