How to End the Use of a Neighbor's Driveway That Crosses Your Land

[jbella]

My question involves an easement in the state of:NEW YORK

I'm contemplating putting in an offer for a home which currently has a shared driveway between the 2 houses. The driveway is about 8 feet wide, 6 of which would belong to me. The neighbor uses the driveway to get to the back of the house where they park. I stopped to have a friendly discussion with him about what the situation was with the driveway. He immediately volunteered that there was no written agreement. (The deed doesn't specify an easement but I read that there could be a binding written agreement not on file). The people selling the home were an older couple and just allowed him access. Can he be grandfathered in this way?

There is no mutual benefit to this situation. It's a 6 car-long driveway which I want nothing to do with (maintenance). I just don't need it. In order for him to use the driveway, I have to park in what is my backyard so he can round the corner to get into his. There's no convenient access to my house doors in my 'assigned' parking spot and I'm losing part of my backyard on a small lot.

I asked him what he did about liability insurance and he said his insurance company didn't require anything (he only owns 2 feet). He said "if I hit your house, I'd pay you for the damages and if you hit mine, I'd expect you to pay, that's what being a good neighbor is all about".
I also asked him about his kids (one was playing on a scooter when I was viewing the home) and he just said: "Yes, the kids play in the driveway" as if that never could be resolved.

If I didn't really love this house, I'd just walk away. I want to see if I could work on some resolve with this guy (like he's got room in front of his house for parking). From a legal standpoint could you offer me any kind of advise to support my position? Should I just say I can't afford the excess liability insurance?

Thank you very much!

[LandSurveyor]

Can he be grandfathered in this way?

Can't really tell from the scant information you have posted. Whenever you are contemplating a situation such as this you need to get the advice of an attorney who can research the title situation (which we cannot do here) and give you an opinion.

There is no mutual benefit to this situation.

But it appears that there is a benefit for your neighbor. "Shared" driveways provide a lot of work for attorneys and surveyors. If you really love the place put a few hundred dollars into an opinion from an attorney as to what your liabilities, responsibilities, and options might be.

And it's really unclear as to what you want to "resolve" with the neighbor. You haven't stated a clearly defined goal.

[jk]

The people selling the home were an older couple and just allowed him access. Can he be grandfathered in this way?

if the use is permissive, permission can be revoked. Is all he is doing is parking in the rear? He has no garage or such in the rear?

Just to be sure; you would abandon the drive for your use as well? Obviously you would not be able to access the rear of your house with a vehicle down a 6 foot pathway.

If you are driving a vehicle and hit the neighbors house or a person, your motor vehicle insurance is who would be involved, not your homeowners insurance.


the other thing to consider: if you revoked permission, how will it be to live next door to a guy you likely just pissed off?

[jbella]

I didn't mean to be vague. I could consult an attorney but wanted to see if I could come up with viable concerns to present him first.

I think he just might get nasty so it's something I was hoping to resolve cooperatively. I don't want to live next to a jerk but I shouldn't be bullied either. When I brought up liability he was a little taken back. He seemed to be holding his ground under the pretenses that it's the "neighborly thing to do". I think the "neighborly thing to do" is to not inconvenience your neighbor to this extent and not use their land as a playground.

My thought to a possible resolve is to put all parking in front of the houses. There's room for off-street parking and it's not a zoning issue. (That's where I would park if this situation wasn't as it is). I even thought about offering to pay for his new driveway as a peace offering.

There is not a garage. He's got one of those metal carports set up (the hoop kind) with no canopy on it.

So I have both a car insurance liability having to drive between two homes and a homeowners? Am I not a sitting duck if the kid falls off his scooter and cracks his head open? And if I didn't have the drive salted properly and someone fell...would I also be negligent? This is just way too large of an imposition.

[jk]

Am I not a sitting duck if the kid falls off his scooter and cracks his head open? And if I didn't have the drive salted properly and someone fell...would I also be negligent?

those could be addressed and remedied if you choose to allow the situation to continue as it is.

[jbella]

Thank you.

[LandSurveyor]

So as I understand it at this point you want the neighbor to give up the shared drive and park on the street.

Is that correct? If so you might anticipate some resistance. You are asking a neighbor to give up what might be a well established right for an offer which you have not made yet.

Your liability issues, which seem to be the driving issues here, can be addressed by your homeowner's insurance company. They will be able to give the specific answers about coverage which we can't do here.

[jbella]

No, not on the street. There's room for parking lots in front of the homes, off the street. Several homes along the road have done so. It's very common in this area.

I will contact the insurance company. I don't want to put an offer in with an unresolved issue. I was trying to alleviate that if I could. He didn't indicate at any point that he had any rights to the driveway. That was why I stopped to see him; to find out what the arrangement was. I have to go through a closing process to get to the point to review the legality of this?

- - - Updated - - -

and....no, it's not only the liability. I don't want to own a driveway I can't use (other than to pull up to park in my backyard).

[LandSurveyor]

I have to go through a closing process to get to the point to review the legality of this?

Not at all. Any attorney or title company can do a search and advise you well beforehand.

[jk]

You need to be asking the home owner or the various real estate agents involved this as well. That would give you the quickest rough answer (but definitely not totally dependable hence the "rough")