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    Kristoffersen's Avatar
    Kristoffersen Posts: 1, Reputation: 1
    New Member

    Mar 8, 2012, 10:20 AM
    Shared driveway with a fence at back part of driveway
    We have a shared driveway with our neighbours. The portion of our driveway that is closest to back of house and yard is so narrow that it is impossible to park a car there. As a result we decided to fence in that portion of our upper driveway to add to our patio area. We built the fence in approx 6 inches from the property line in the driveway and paid for the fence ourselves. I have two questions... is the side facing our neighbours considered their fence? Can they paint it or stain it? Also they insist on parking in upper end of the driveway (their side is big enough for a car) but have hit our fence twice now since last year and have not said a word about it to us. The last time was a few weeks ago and my husband was home to hear a crash and cursing. The neighbours truck is well dented on the side, our fence is well stratched up and the concrete pad around the corner pole has now cracked. What can I do about this?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977

    Mar 10, 2012, 07:13 AM
    Quote Originally Posted by Kristoffersen View Post
    ... I have two the side facing our neighbours considered their fence? ...
    With respect to each of your questions, I assume that the fence is not within their driveway easement. With that said, no their side of the fence is not theirs.

    Quote Originally Posted by Kristoffersen View Post
    ... Can they paint it or stain it? ...
    No. They may not.

    Quote Originally Posted by Kristoffersen View Post
    ... ... Also they ... have hit our fence twice now ... What can I do about this?
    That's 3 questions. :)

    Sue them for the damages.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Mar 10, 2012, 07:22 AM
    Did you get a permit and zoning approval for this fence? If you did not, it may be illegal and the neighbors may be able to sue you for putting it up.

    But if you did it legally, then yes, you can sue them for damages they did.

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