Final answer:
A concrete driveway extended over a property line constitutes an encroachment, which can lead to legal action by the affected neighbor. To resolve the issue, the encroaching party may remove the extension, negotiate an easement, or, in rare cases, claim adverse possession after meeting certain conditions over a prolonged period.
Step-by-step explanation:
When a portion of a concrete driveway is extended onto a neighboring property without the neighbor's consent, it legally constitutes a form of encroachment. Encroachment refers to the intrusion onto another person's property without permission, potentially leading to legal disputes. In this case, the driveway extension over the property line by three feet can give rise to a claim by the neighbor for removal or for compensatory arrangements.
It is essential to determine if there were any pre-existing agreements or easements that might allow such a construction. If not, the property owner who has extended the driveway may be required to remove the encroaching section or may seek to legalize the encroachment through negotiation of an easement or by purchasing the affected land from the neighbor.
Complications can arise if the encroachment remains over a significant period, such as a claim of adverse possession. Adverse possession can lead to the encroaching party gaining legal title to the property area that they have been using without consent under specific conditions. However, laws regarding adverse possession vary greatly between jurisdictions, and it is typically a complicated process with stringent requirements.