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  1. #1
    Join Date
    Jan 2011
    Posts
    1

    Default Safety of the Driveway Outside Property Line

    My question involves property law that occurred in the state of: WA

    We are sharing a driveway with our next neighbor. The driveway is owned by city. Recently during this winter we found out that water is running into the driveway of the neighbor. When the temperature is low - this water will turn into ice, which could be dangerous. We checked the source where the water is coming from. The water is coming out of city property, beyond our property line. We consult with the city about it and the city stated that it is not their issue. Our question is that: if there is an a slip or fall incident on the neighbor driveway, are we responsible for the safety of the driveway since we are sharing the use of the driveway? I can't see why we should be liable since the driveway is not part of our property, but I'm not familiar with the law.

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Safety of the Driveway Outside Property Line

    Quote Quoting jm2011
    View Post
    My question involves property law that occurred in the state of: WA

    We are sharing a driveway with our next neighbor. The driveway is owned by city. Recently during this winter we found out that water is running into the driveway of the neighbor. When the temperature is low - this water will turn into ice, which could be dangerous. We checked the source where the water is coming from. The water is coming out of city property, beyond our property line. We consult with the city about it and the city stated that it is not their issue. Our question is that: if there is an a slip or fall incident on the neighbor driveway, are we responsible for the safety of the driveway since we are sharing the use of the driveway? I can't see why we should be liable since the driveway is not part of our property, but I'm not familiar with the law.
    In recent years, if you live in a town or city, the muncipality often would have enacted "sidewalk ordinances", and these would also include driveways that runs through them. I am a landlord, so was my dad going back many years, and at one time the municipality was responsible, though that has changed. but the property owner is still responsible for notifying them if the city is responsible.

    You would have to check on local ordinances

    We live in NYC, and our local ordinance requires a property owner to maintain the sidewalks, driveways. keeping it clean, and if there is a "slip and fall", then the property owner is definitely responsible. If the water comes from a city property, make sure you document your notices to them in writing, and I also find that if I get hold of the local councilman, they usually would get very quick action, unlike calling city agencies. Of course, one other benefit of notifying a local official, the councilman, then their office gets involved, is you have proof that you acted.

    Meanwhile, you can put signs up the area is slippery, to get you off the hook if anything happens. And a local official can also point you the way to local ordinances, and in some cases, may even enact legislation to clarify things.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Safety of the Driveway Outside Property Line

    Is it necessary for anyone to walk on this driveway? Don't you have walkways to the house doors?

    I would put up a NO TRESPASSING sign for the driveway and follow all the above advice too.

    Be sure to take photos/video of everything and make sure to turn the date/time stamp on.

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