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Homeowners discover driveway is not theirs

August 21st, 2009 · 1 Comment · Insurance, Spotsylvania County

A Spotsylvania County couple is weighing their legal options after finding out the driveway they thought they owned belongs to their next-door neighbor.

Maggie and Thomas Smith discovered the original surveyor’s mistake when they rehired the surveying company to mark the corners of their property for a fence line, reports The Free Lance-Star. Their neighbor has since reclaimed the driveway.

Stuck without a place on their property to build a new driveway, the Smiths turned to their title insurance company, but were denied any compensation on the grounds that the lack of a driveway did not render their property unmarketable.

The couple argues that without a driveway, their property has lost value. They are contemplating a lawsuit, and have reportedly spoken with several attorneys.

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1 response so far ↓

  • 1 Dick Vogel // Aug 24, 2009 at 11:03 am

    Easement of necessity.