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Neighbor Obstructs the Turn-Around Portion of a Shared Driveway

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  • 05-15-2016, 07:32 AM
    ashbee
    Neighbor Obstructs the Turn-Around Portion of a Shared Driveway
    My question involves real estate located in the State of: Pennsylvania

    My boyfriend and I bought property with a shared driveway several months back. The seller had stated their had never once been a problem with the neighbors regarding the driveway (she was also military and we just found out neighbor is megans law registered) so they might not of wanted to piss her off. Well, since we have purchased it the neighbors block our usage of the turn around by parking in front of their house or even taking one of their vehicles when they're not home and blocking down a little further. However, they want to use our point of the turn around and if I try to block he just swings his truck around flinging up mud/rocks/ and tearing up the middle.

    We don't want to close off access to the roadway part of the driveway just the turn around spot to the driveway. Would that be possible. This property was originally owned by husband and wife, they got older and let a daughter move her home on it and hence shared driveway(1993/1994). Daughter lost home in foreclosure during divorce. House sat vacant for several years then my seller purchased it. Now granddaughter and hubby live in the original House and we live in the other house.

    Other problems we had besides them blocking our use of turn around was he swings around our circle end throwing up mud and gravel when he would come home (now he does it all the time) and they will also block the entrance when they have guest making us have to drive in our yard and when its rained/snowed it tears up the yard :grumpy:

    What would the likelihood that if there is an easement that it can be fought with the neighbors not giving us the right to it, the right to enter/exit the driveway, damaging property. etc? We just want to build our own driveway and close out the circle part on our side. They would still have the entrance and all, part of the circle so they can still maneuver. Plus they have their park space in front of their garage.
    __
    ()- This is how the driveway looks.. The parks along where the long line is blocking us from using the turn around ad guest park at the driveway beginning he would still have entrance and his half of turn around.

    THANKS
  • 05-15-2016, 07:44 AM
    jk
    Re: Neighbor Obstructs the Turn-Around Portion of a Shared Driveway
    The first thing you need to do is research what your legal position is here. Was the sharing documented in complementary easements or was it simply by permission? Once you figure out what documented legal rights you have you can start to figure out how to resolve the issues.


    If the guys driving style damages you (such as chipped paint on your cars or damage to your home) you would be due compensation.
  • 05-15-2016, 07:48 AM
    Mr. Knowitall
    Re: Neighbor Obstructs the Turn-Around Portion of a Shared Driveway
    But keep in mind - if dirt or rocks are being kicked up because that's the inevitable consequence of the other owner's use of a shared driveway that you are intentionally blocking, you are responsible for the damage to your own property. His inappropriate actions do not justify your blocking the easement, yourself.

    As jk says, you need to research the history of the properties and title records to determine whether there is a formal grant of easement and, if so, its terms.
  • 05-15-2016, 08:12 AM
    budwad
    Re: Neighbor Obstructs the Turn-Around Portion of a Shared Driveway
    You can start by reading your deed to see if there is anything in it that states there is a shared driveway. If you find nothing then go to your county registrar and look up the deeds and other recorded documents. The registrar will help you find what recorded documents there are.

    One question is was it one piece of property when the owners allowed the daughter to move onto the property or was the property subdivided prior to or subsequent to the daughter moving onto the property?
  • 05-15-2016, 11:11 AM
    ashbee
    Re: Neighbor Obstructs the Turn-Around Portion of a Shared Driveway
    Budwad - The property got split when the daughter moved the home on the property.

    I work in the criminal law field and know if he damages my property I can not only seek civil damages but can have him charged criminally for criminal mischief etc. I went to school for paralegal but my Real Estate Law class wasn't my best. I was just curious if anyone has been through this. And even if my car is there he has the duty to avoid it because he has another path so I would be able to seek damages. However, If blocking the only avenue and he made damages due to my own ignorance then that would be on me. And its not just from blocking. For months hes been swinging through kicking up mud and rocks. We wont put gravel down because of it. He has hit our bedroom window the one night he was arguing with someone on the phone swinging around and kicking up stuff got out of the vehicle screaming and yelling at someone on the phone (for about 2hours) Mind you we both have children.

    I know of a few real estate attorney's however that can become costly and take awhile in courts. So with knowledge from my classes and if anyone has been through this I was hoping to save money on an attorney. However, if need be that would be the route.
  • 05-16-2016, 07:28 AM
    budwad
    Re: Neighbor Obstructs the Turn-Around Portion of a Shared Driveway
    With your background in the law, you should be able to find out what recorded document there are and know what your rights and your neighbor's right are with respect to the shared driveway.
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