Neighbor and His Tenants Park on Our Private Drive

[open_friend]

My question involves real estate located in the State of: VA

Hi,
I live in Fairfax county, VA. I live in a home which is at the end of a pipe stem private drive. This is a private drive for 4 homes which are located inside and little away from the main street. Our neighbor who lives in front our four homes, and his property line is adjacent to our private drive on one side. Looks like he is renting out all his rooms to other tenants and some of them park their cars on our private drive. He does not use his garage, because he converted that like a living room. I have tried to tell him couple of times that he, or his guests can not park there. There is even a sign posted at the entrance of the private drive showing it's private drive for our 4 homes (house numbers listed). Every time I try to tell him, he uses threatening language like he has some bad friends he can make it difficult for me, and says he could become a bad neighbor for me. He keeps saying his lawyer will talk to me, or sue me, and things like that. Very recently when I told one of his guests not to park there, he got mad, and he and his wife came over to my house shouting all sorts of things. He implies he makes my life miserable because he runs a night club in DC. Our plat map clearly shows 1/4th of that private drive is mine, my property boundary line clearly shows that all the way to the main street. I almost called the cops the other night when he came over to my house saying I was rude to his guest. But I just held myself back thinking it would make it bad neighborly relations. He always has 4 to 5 cars, besides his own 2 cars that he parks on his drive way. All his tenants park on the street in front of his house, and on our private drive. I also want to mention that I have a paying guest who is living with me for now due to his job, and parks his car on that private drive. He says I also can't park there even though it's our private drive, he insists his tenant's will park there if I am parking. I tried to tell him that we four owners collectively own that drive, and only we can use it. He says he has the right to park there because his property line is on to this private drive few inches, or about 1 ft at the entrance, and iside corners.

These are all single family homes in a northern VA subdivision in fairfax county. Please help me with your kind response. It's giving me, and my family sleepless nights, and stress. Should I report the matter to police? My wife is feeling afraid with his threatening tone because our kid walks to the school bus stop on the main street. Thanks

[Mr. Knowitall]

To start with, you can't have it both ways. If it's improper for his guests and tenants to park on the private drive, the same goes for yours. If you start trying to escalate things or having his guests' vehicles towed (assuming you even have that right) he can "return the favor".

I have no way of guessing why he believes his tenants have priority for parking in the drive, as opposed to your tenant. Perhaps you can elaborate.

[open_friend]

Thanks for the reply. What is confusing to me is how can he park there if the entire stretch of the private drive is owned and maintainedd by us (the 4 owners at the end of pipe stem) including snow removal in winter. This neighbor I am talking about is not one of these four, his property boundary just touches the private drive. Is it not considered tresspassing? This drive is owned by us, but grants ingress/egress easement for thers to use it if they need to getin/getout, but not for parking. If he is legally entitled to, I don't have any problems whatsoever, and even otherwise if they are parking occasionally, we can live with it. But what is hard for me to understand is he knows very well it is our private drive, still parks frequently (some times multiple cars), and then still uses bullying tactics when reminded of private nature of it. I just don't get it! Thanks a lot.

[jk]

if he has easement rights to the drive and they are specifically listed as ingress and egress only, then you need to send him a cease and desist demand. Then, you can take the more expensive but more proper direction and sue him and the drivers of the cars if they continue to park there. You would need to seek an injunction from the courts that would demand the drive not be used as a parking area. If they continue, you would seek a finding of contempt from the courts and the courts could then penalize the folks.

or, you can take the risky method of towing the cars and hoping you have the legal right to do so. If you did, then all is well. If you didn't, the guy can sue you for myriad reasons and walk away laughing and counting the money.

You also need to research to determine if your tenant, or you for that matter, can legally park on that drive. If the neighbor has easement rights for ingress and egress, if you block the drive, you are the one in the wrong.

It may be a double edged sword you are wielding.

[cruzlandlord]

Hi. Would it be possible for you and the four owner neighbors to put up a coded gate? Then you have control over who uses the road. We know people who have done this - it still makes the other neighbors really mad, but it is obvious that owners can put a gate on their own property. Maybe pretend it is part of some big landscaping project. Those angry neighbors sound scary and you have kids to protect.
If the neighbors will come and yell at you, bringing the police into this will escalate the tensions big time I am guessing. You are there all the time, the police only come once in a while. The neighbors could really cause you more grief.
I am not a lawyer, but I am a landlord. And I have had low life tenants to deal with. Try to solve the problem without creating a war.

[SChinFChin]

A friend of mine had problem with tenants of a landlord across the street from him parking cars, and blocking his driveway.

Now, in many communities, renting out rooms to more than so many unrelated people violate zoning codes, which appears to be the case here. This is to prevent rooming houses sprouting in the suburbs. My friend told that landlord either the tenants park elsewhere, or he will complain to the zoning board, and they will kick his tenants out.

Apparently the landlord needed the money, and my friend told him "how many people you rent to is your business, and my driveway being blocked is my business".

The landlord apologized, and had the tenants park elsewhere.