Shared driveway....

[WallStWiz78]

OK, I own a home in Brooklyn, NY. We share a driveway with my neighbor but for the last 19 years they've been hogging it up and blocking the driveway and not letting us use it at all. The deed and the blueprints to the house said that each house has 1 parking spot, and its the backyard. The neighbors have 5 cars among 4 people, so there's constantly 2 cars sitting in the middle of the driveway blocking us access to our legal parking spot. I called the cops a few times over the years but they keep saying to just ring the neighbors bell and ask them to move it, but I am sick and tired of constantly having to ask for permission to use our driveway, which I'm entitled since I'm paying property tax on. The police have been useless in those situations, and I was wondering if there's any legal remedy that I can pursue, since this problem has been going on for 19 years since we moved here. First 15 years was fine since my daughter since nobody in the family drove, but since she went away for school she comes home for the weekends and on breaks, and now she's back permanently after her graduation and the neighbors are still blocking us. I don't believe its right that I have to constantly ring their bell asking them to move there cars if we want to pull in and out of the driveway, since their cars shouldn't be in the middle of the driveway in the first place. Please help, since I'm starting to loose my nerves over this situation.

Dave

 

[Rishiku]

I am not a lawyer this is just my opinion.

I would assume since they are blocking your access to your spot and parking in your spot that they are in the wrong. Go up to them and just bluff a little, tell them that if they don't stop parking there then you are going to press charges. (Also file a police report, don't just call them have documented proof of the incidents) If that doesn't work put stones along the parking spot separating if from their space and your space and that if they go onto your space that is TRESPASSING. That is a crime and just put a sign that says no trespassing, if they do then you can file charges stating they where trespassing on your property after being VERBALLY warned and Visually (the sign) and also take pictures of it all, after you set it up then after they park in the spot(s). Pictures are your friends. GOOD LUCK!

 

[muggsyj]

This is not legal Advice!


Hey Dave,

It is very hard in your situation because if you upset your neighbors too much you become the beast from hell to them, you sound like a reasonable guy and you story sounds genuine enough to me. If I were in your shoe I would try and talk to the head of there household and explain to them that, up until now you have been more than willing to get on with the situation of asking you neighbors to move there cars when you need to use your drive and you understand it must be quite difficult to get there cars parked as there is not much room to be had but also your situation has changed and you would like to let you daughter get access to your half of the driveway when she is there and not have to keep coming and ask them to move there vehicles.

If you are polite enough and I am sure you are very polite, It will make it very difficult to refuse you request. It all comes down to compromise, sometimes it works out quite well to compromise a situation instead of making things flare up in to a situation where know one gets on at all.

Anyway that's my opinion at the end of the day I do not have to live there. Good luck with what ever you decide and I hope it all works out.

Take care

Mark.

 

[WallStWiz78]

Thanks for the replies...

Thanks for the replies. I have documented, pictured, and videoed and have lots of police reports of them abusing the use of the shared driveway, thanks to my nifty cell phone camera. Over the years, the used the shared driveway not just for parking, but during the summer time they always pull out a portable basketball hoop and start playing, and the ball hits my windows on a number of occasions, including breaking them. They've also had parties where they hired DJ's and blasted music in the driveway where my windows starts rattling because the DJ uses amplified speakers equivalent to the ones used in concerts. As I said, my nerves had run its course and I've been nice and neighborly for too long. Its time it comes to an end and I've decided to press charges, not for person reasons like monetary, but for a simple piece of mind and comfort, knowing that after a hard days work on dealing with the stock market, I can come home, put my feet up and watch TV without any hindrence on my mind. I've been told I have a pretty good solid case against them if I do decide to press charges, so I'm going forth with it. There will be monetary compensation with the lawsuit, but after my lawyer gets his cut, the rest will be donated to charity, preferably to The Children's Hospital, but those are just plans right now. I'll be looking for a lawyer within the next few weeks. I don't know if I'm suppose to be looking for a real estate lawyer or which types of lawyers, so if someone knows, please let me know. Thanks in advance.

Dave