Who will have to pay depends on how you ended up in this situation. Was the property not surveyed and staked before the build was started?

Yes, words are free here and we need more information.

The property was surveyed with the proposed house site and I gave that to my builder as this was also needed for the permit department. I figured they knew what they were doing and always thought that after the house was staked, there would have been some type of inspection done to ensure it was in the proper place. If that was something I should have checked, I did not know about it.
The builder has been very kind and feels upset that he got the measurements wrong. I went to the town to ask for a variance but have not heard back. It is an impervious paver drive so I can rip the pavers out and move them. It just puts the driveway literally right next to the house. Thank you both for answering!! I am most grateful!

I am still confused. How many times did the surveyor come out to the property? In our case, first the entire property was surveyed. Then, after a floor plan was completed, the surveyor came back and pinned the corners of the house. He then returned after the footers were set.

I left the building up to the builders. The surveyor came out in the beginning and end. The was no other survey done. I guess I did not educate myself as much as I had thought. :(

I don't think you did anything wrong yourself, please don't beat yourself up! If it makes you feel better, we custom built and we certainly didn't measure and re-survey the lot after it was staked, and footers, etc. Hopefully, the town will have a solution for you that doesn't involve tearing up your driveway.

Thank you my friend for making me feel better. I have been waiting 10 years to have this once in a life time opportunity to build our dream home and I feel like I made so many mistakes. I appreciate you all!!

I have been through variance and encroachment issues quite a few times with our local Planning and Zoning. A variance on a setback has usually been pretty easy and not very costly to remedy but an encroachment can become costly and time consuming. It sounds like you have an encroachment and not sure a variance will fix your problem. We have 10' side setback lines which can be adjusted with a variance.

Just taking an encroachment on a common area through Planning and Zoning right now and I had to pay $2,000.00 for a small chunk of land , $850.00 for survey and new plat, $450.00 Planning and Zoning fee application, almost 90 day Planning and Zoning time frame process including public hearing and notice to every land owner within 1,500 feet, and then $135.00 for recording the new (and hopefully approved) plat.
It is not easy in our county to purchase a small chunk of land off of an already small parcel and I hope your area is easier.

I think we will just have to move driveway over which makes it incredibly close to house but we already have reached our year mark with bank so we want to get in our new home. I cannot express my gratefulness to this forum. It is like having friends whom you can turn to. Have a great weekend.

In my area, the foundation is staked by a surveyor, and then verified by a surveyor after the foundation is built, and prior to continuing the work. That would be the builder's responsibility to get that approval, if it is required in your community.

Whomever built your driveway in the wrong spot should correct the error. If a surveyor staked it incorrectly, he should pay for it. If the builder built the driveway without aid of a survey, it is the builder's responsibility. I would not expect a homeowner to have to pay for this problem.

I would not expect my client to pay for something that I surveyed incorrectly, nor should the builder expect the client to pay if the builder made the mistake.