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  1. #1
    Join Date
    Jul 2011
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    3

    Default Shared Driveway, Neighbor Keeps Parking Overnight, What Are My Options

    My question involves an easement in the state of: New York

    My house in Queens county of New York City has a shared one-lane driveway with an identical neighboring house. The driveway goes from the street in front of the houses to single garages in the backyards of the houses. The driveway is the only way to reach the garages and the backyards.
    The deeds say that the property line is in the middle of the driveway, and we have equal rights to use the driveway.
    It is hard to believe, but the neighbors keep parking in the driveway for the night, and pay little attention to my repeated reminders that they are blocking my access to my backyard and my garage in the back.
    What are my legal options here?
    What are the approximate costs to hire a lawyer and go to court (Queens county)?
    How long does it usually take?
    Do I have to hire a private investigator to document the inappropriate use of the driveway by my neighbors, to use this in court?
    If I win in court, what is the process for enforcing the court order? The neighbors park mostly late at night, when Sheriff Deputies are asleep I believe.
    Realistically speaking what are my chances of ridding the driveway of their parked cars?
    tia!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Shared Driveway, Neighbor Keeps Parking Overnight, What Are My Options

    the cops aren't going to come settle this argument at least more than once if they will do it even that once.

    If it was me, to heck with reminders. I know it is a hassle but I would go to their house and tell them to move the car every time they are in the way.


    Your legal option is to sue them in court and ask the court to issue an injunction ordering them to leave the drive clear. Then, if they park in the drive, you can ask the courts to charge them with contempt of court.

    costs to do so? not a clue.

  3. #3
    Join Date
    Jul 2011
    Posts
    3

    Default Re: Shared Driveway, Neighbor Keeps Parking Overnight, What Are My Options

    thanks jk. If I have the court injunction, how do I prove to the court that these people are still parking there? Do you have any idea how long it would normally take to get injunction? Do I have to proof (how?) that they are obstructing the right of easement for me and that is why I am seeking the court injunction?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Shared Driveway, Neighbor Keeps Parking Overnight, What Are My Options

    proof? pictures (with date stamps and anything else you can use to show an date the picture was taken)

    you should have proof when you go into court to ask for the injunction although it shouldn't be necessary. All you are doing is asking the court to recognize your rights to not have the drive blocked but bring proof just to be sure. Obviously once you obtain an injunction, if you ask the court to hold the neighbor in contempt, proof is pretty much necessary.

    You need to have proof of your claim of your right to an open driveway which would be the verbiage in the easement document. (the deeds from what it sounds like)

    how long to get an injunction? Depends on how long it would take to get into court. That is going to vary with how busy the courts are in your area.

  5. #5
    Join Date
    Jul 2011
    Posts
    3

    Default Re: Shared Driveway, Neighbor Keeps Parking Overnight, What Are My Options

    thanks again JK, you have been very helpful!

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