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

**jbella** · 07-20-2012, 10:45 AM

The present owners moved into an assistant living situation and the listing broker only is giving out that it's a shared driveway. The neighbor didn't give any indication that he knew he had any legal rights (I was under the impression that he was assuming he had none). He's got no written proof that he does. Whether this might fall into some kind of grandfather clause or not I would confirm with an attorney.

I don't see how this arrangement would be acceptable to anyone buying this house. It's a large home so one would expect at least 2 cars for the new owner and there's not a chance in the world they are going to want to park in the street when they are buying a driveway. The house listing is advertising 6 parking spaces.

I'm going to take one more shot at speaking with the neighbor. I don't see how I have anything to lose. I'm just going to lay it on the line that I wouldn't be agreeable to the arrangement nor do I foresee how anyone else would. He's got to have contemplated this when the present owners moved if he doesn't feel legally entitled. If so, he's already got a back-up plan. I'd rather move somewhere else if there's going to be any animosity. Then that puts the ball back in his court. He said he's going to be living there forever so he can make the gamble on who his new neighbors will be. He very factually could get some less-than desirable neighbors moving in given the condition of the inside house AND still need to more his parking. If he doesn't seem to be generally cooperative I'll move on.

If he's willing to work with me, I'll go forward and speak with everyone you're recommending to make sure I have all my bases covered so I can get my offer submitted.

Thank you very much for all of your input.

jk · 07-20-2012, 01:52 PM

there's not a chance in the world they are going to want to park in the street when they are buying a driveway.

How are you going to park in a 6 foot wide driveway? To be able to use the driveway, it would appear you need the approval of the neighbor so if you cut him off from his backyard, you are cutting yourself off as well.

**jbella** · 07-20-2012, 03:46 PM

There's actually enough room for my little car to get to the back of the driveway on my own land. I didn't measure it with a tape; I just kind of eyeballed it and used the 8 foot figure thinking it was splitting hairs to measure it. (The listing agent said it's a 1/4 and 3/4 split). But now that you bring it up, I have to think it might be 8-10 feet of my property. You can see the garage entirely from the road and the property line behind the garage has space (maybe a foot at best). It's a small garage but it's got to be 8 feet.

Regardless, I don't want to park in the back of the house. There's plenty of room for my car to fit at the end of the driveway (by the road and my house doors). There is also a front lawn that I could expand over to create a larger area if I have 2 cars. Lots of people on that road have driveway issues so it wouldn't look odd. He's got a much wider lot than mine and could easily do the same.

I talked to my insurance broker friend today. She said I absolutely have a liability issue and could be set up for a negligence suit as well. How much does one insure for living next to someone that can't afford a canopy on their make-shift carport and a complete disregard for their children playing on my property? Peace of mind, a five million excess coverage is going to add another $750 to my insurance bill.

**mmmagique** · 07-20-2012, 08:46 PM

No matter what, I don't see you being happy in this house. In the long run or the short run. Cut your losses and move on. (is my best advice...for whatever it's worth.)