Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   Where can I find shared driveway rights? (https://www.askmehelpdesk.com/showthread.php?t=671239)

  • Jun 15, 2012, 10:41 AM
    JTSpen
    Where can I find shared driveway rights?
    My neighbor extended the rear of their home, they removed their garage for the extension. When I moved into my property, a fence was there separating our garages and property, so neither of us is able to park in our garages. My neighbor has put a basketball hoop in the driveway. Their boys are constantly hitting our windows with the basketball, I've already had to replace window screens that were damaged from their playing ball in the driveway. I have complained to the parents, yet they still play ball and still hit our windows. What can I do to stop them from playing ball in the driveway legally?
  • Jun 15, 2012, 10:44 AM
    smoothy
    Quote:
    Originally Posted by JTSpen View Post
    My neighbor extended the rear of their home, they removed their garage for the extension. When I moved into my property, a fence was there separating our garages and property, so neither of us is able to park in our garages. My neighbor has put a basketball hoop in the driveway. Their boys are constantly hitting our windows with the basketball, I've already had to replace window screens that were damaged from their playing ball in the driveway. I have complained to the parents, yet they still play ball and still hit our windows. What can I do to stop them from playing ball in the driveway legally?
    Nothing if they have rights to use of the driveway. You don't own it any more than they do.
  • Jun 15, 2012, 11:25 AM
    cuteshoes337
    Smoothy, I completely disagree. If their activities in a shared space are causing damage to *private* property, there must be some way to put a stop to it. What sort of neighborhood is this-- Are these apartment type homes or is there an HOA? That would definitely be the easiest way to address this. Either way, find a way to document the damage the neighbors are doing to your house and your requests for it to stop.
  • Jun 15, 2012, 11:51 AM
    smoothy
    Quote:
    Originally Posted by cuteshoes337 View Post
    Smoothy, I completely disagree. If their activities in a shared space are causing damage to *private* property, there must be some way to put a stop to it. What sort of neighborhood is this-- Are these apartment type homes or is there an HOA? That would definitely be the easiest way to address this. Either way, find a way to document the damage the neighbors are doing to your house and your requests for it to stop.
    Can you present any proof how ONE party has ANY legal authority over another in a mutually shared space? (If they were playing at 3am there would be a reason) I'm speaking during normal daytime hours when noise ordances aren't in effect.

    Damage of private property is remedied world wide by the party that causes the damage paying for repairs. I assume you have already been doing that. If not... you should have.

    They break it they bought it when it comes to windows.

    You can't stop them from playing basketball... but you can make them pay for the damages they do. When they do it. That alone should be enough pressure for the parents.

    But you know what... if there isn't an easement... tick off the neighbors and see how fast a privacy fence (or even a series of metal poles and chain link) can go up and prevent you from using your garage again...

    Actions have consequences... think twice before trying something. Trust me... been making life hard for neighbors that thought they had more rights than I had for decades... INCLUDING cutting off acess to their garages over a dispute when a lions share of the driveway fell on MY property to begin with... they've had to make 3 point turns to get in or out out of their garage for the last 25 years as a result. And they had to cut down 15 mature trees to put in a driveway on THEIR poperty just to get to them. And there were many other things too... many of which they were getting away with illegally for decades... but ended real quick...

    Poperty rights are a two way street... sometimes its better to suck it up than start a feud that does nobody any good.

    Digital Security camera systems can be had for less than $200. Set one up for that area... then you have video proof if something gets broke and they deny it.
  • Jun 15, 2012, 12:02 PM
    JudyKayTee
    Smoothy, you are legally correct. In this case it helps to check the other/background posts when "legal" advice is offered. It's been incorrect or incomplete.

    Has OP talked to the neighbors about this? That might be a place to start.

    If the driveway activity is legal within legal hours... it's their property. Ever live near kids with a garage band?
  • Jun 15, 2012, 12:04 PM
    JudyKayTee
    Quote:
    Originally Posted by cuteshoes337 View Post
    Smoothy, I completely disagree. If their activities in a shared space are causing damage to *private* property, there must be some way to put a stop to it. What sort of neighborhood is this-- Are these apartment type homes or is there an HOA? That would definitely be the easiest way to address this. Either way, find a way to document the damage the neighbors are doing to your house and your requests for it to stop.

    Where is the legal advice? This is the real estate LAW forum. "... there must be a way to put a stop to it" is not legal advice. If the OP knew what would put a stop to it I'm sure the OP would do it.

    Same with "find a way." After the OP "finds a way" (and you can't help with that, either) what does the OP do with the "proof"?
  • Jul 31, 2012, 10:26 PM
    cuteshoes337
    If they are repeatedly damaging your personal property, there must be some higher powers that be that can be turned to. The goal is not to prevent the game playing, but the destruction of private property.

    Quote:
    Has OP talked to the neighbors about this? That might be a place to start.
    It has already been stated in OP's post that they have spoken to the children's parents. Unless the children live separate from their parents, I assume they were talking about these "neighbors."

    Quote:
    "... there must be a way to put a stop to it" is not legal advice. If the OP knew what would put a stop to it I'm sure the OP would do it.
    I agree. I also do not know the specifics of what your town's laws or ordinances are, and therefore my best effort is to advise you to seek higher powers that be. I state again, there must be a way to put a stop to it-- there is no reason that you should tolerate destruction of property on a repeated basis, and if the people responsible are being uncooperative, there are people to turn to. An HOA, or landlord is a good bet. Perhaps another poster knows of another venue to pursue, or other neighbors might be experiencing/have experienced similar problems and could shed light on the situation.

    I suppose small claims court might be another answer, but given the only damage described was to a couple of window screens, that seems a bit extreme. :-p

    Smoothy describes some cute passive-aggressive tactics to remedy the situation-- and the whole thing kind of reminds me of the time someone repeatedly parked their car in my parents' driveway every day for two weeks straight, so one evening my sisters, father and I surrounded their car with our own cars and left home until 3am (the neighbor said she called the police on us, and the cops laughed at her and called her a cab. She never parked in our driveway again)...

    *ahem* still, aim for the high road. Much better course of action.

    • All times are GMT -7. The time now is 04:59 AM.