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Part Of Neighbor's Driveway Is On My Property. How To Best Handle This?

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Hey All,

I am located in MA and have consulted with 2 attorneys on this, but the answer I got was a tad different from each one, so I wanted to see what the /r/legaladvice community has to say about this.

I just had a survey done because we would like to put up a fence and discovered that a piece of our neighbors driveway and what they assumed was their backyard is actually on our property. I am including a picture of the driveway. If you look past the orange flag, you will see a rock wall - our property corner is straight from that orange flag to the stone wall.

I am trying to understand if anything needs to be done about this. I am not looking to cause issues for the neighbor and I certainly don't want them to rip out that part of the driveway. However, I also don't want to just give up that strip of land.

I don't want to do an easement agreement, because I would effectively be giving up that portion of the land and will continue paying taxes on it. One attorney recommended that I write up an agreement granting him access to that land for use of the driveway. The other attorney recommended that I employ his services for this agreement.

I drafted up what I think is a relatively simple and straightforward agreement. I wanted to see if folks have run into this issue in the past and what kind of agreement you used in those scenarios. Does my agreement seem reasonable?

submitted by /u/getcrunkwithmilk
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