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  1. #1
    Join Date
    Jul 2020
    Posts
    7

    Post Shared Driveway Rights of a Squatter Living in a Foreclosed Home

    My question involves personal property located in the State of: Virginia, Hello, I live next door to a Foreclosed property, the owners of the property were evicted and have left, however they left some people in the house who still occupy it, I am sure they are squatters since they never really lived there during the foreclosure process, but didn't leave when the foreclosed owners did either. There are only 2 homes here there is a gravel driveway that leads from the main road up to the Foreclosed homes driveway, and continues up to my driveway.
    The squatters are continuously along with there friends are consistently using and damaging the "shared" part of the driveway, there is nothing that I can find in the mortgage documents that really addresses the driveway other than stated it's shared, the property line goes straight down the middle of the shared portion to the main road, my question is, since these people are not legal legitimate owners or have any interest in the property can I forbid them to utilize the driveway?? It is the only method of reaching the foreclosed homes driveway, but since they have no legal claim to it ( I have checked and the owner of the property is the bank, the original owners that were evicted names are no longer listed in the records ). I want them to have no ingress or egress to the property in hopes that this will force them to leave and I can make needed improvements to the driveway. The grass is 6ft tall, the rear of the house looks like a landfill, of which I have addressed with the Sheriff but nothing has been done to date, COVID-19 has placed a moratorium on evictions but I wouldn't think that should apply to squattters.
    Please help, I don't think squatters have any right to property that they do not own, pay rent, taxes etc on.
    Thank you,

  2. #2
    Join Date
    Jul 2018
    Posts
    2,580

    Default Re: Shared Driveway Rights of a Squatter Living in a Foreclosed Home

    Quote Quoting Slick
    View Post
    my question is, since these people are not legal legitimate owners or have any interest in the property can I forbid them to utilize the driveway?
    I have no reason you lack the ability to do this. However, what good do you think it will do? According to you, these are folks who are living in property without permission of the legal owner. Do you suppose that you telling them that they are "forbidden" from using the driveway will do any good? Also, since the property line runs down the middle of the driveway, you only have legal authority regarding the half that is on your side of the property line.

    I suppose you could construct a fence along the property line, but that might cause you more problems. Have you tried contacting the bank that owns the property about what's happening?

  3. #3
    Join Date
    Nov 2013
    Posts
    6,997

    Default Re: Shared Driveway Rights of a Squatter Living in a Foreclosed Home

    Quote Quoting Slick
    View Post
    My question involves personal property located in the State of: Virginia, Hello, I live next door to a Foreclosed property, the owners of the property were evicted and have left, however they left some people in the house who still occupy it, I am sure they are squatters since they never really lived there during the foreclosure process, but didn't leave when the foreclosed owners did either. There are only 2 homes here there is a gravel driveway that leads from the main road up to the Foreclosed homes driveway, and continues up to my driveway.
    The squatters are continuously along with there friends are consistently using and damaging the "shared" part of the driveway, there is nothing that I can find in the mortgage documents that really addresses the driveway other than stated it's shared, the property line goes straight down the middle of the shared portion to the main road, my question is, since these people are not legal legitimate owners or have any interest in the property can I forbid them to utilize the driveway?? It is the only method of reaching the foreclosed homes driveway, but since they have no legal claim to it ( I have checked and the owner of the property is the bank, the original owners that were evicted names are no longer listed in the records ). I want them to have no ingress or egress to the property in hopes that this will force them to leave and I can make needed improvements to the driveway. The grass is 6ft tall, the rear of the house looks like a landfill, of which I have addressed with the Sheriff but nothing has been done to date, COVID-19 has placed a moratorium on evictions but I wouldn't think that should apply to squattters.
    Please help, I don't think squatters have any right to property that they do not own, pay rent, taxes etc on.
    Thank you,
    Your only recourse is to keep hammering away at the bank to evict them. Somewhere there is a document, deed, or plat that would specify what the responsibilities are on the use and maintenance of the shared driveway. But even finding it will not get the squatters evicted.

    Tell the bank that you will hold them responsible for the repair of the driveway that their squatters are causing.

    And check to see if the taxes are being paid by the bank or the squatters. It makes a big difference.

  4. #4
    Join Date
    Jul 2020
    Posts
    7

    Default Re: Shared Driveway Rights of a Squatter Living in a Foreclosed Home

    Hello & Thank you so much for replying. I have contacted the Bank as well as the Law firm representing the bank, no one will tell me anything since I am not the owner and have no account information. I wast thinking that telling them to stop using the driveway or i will seek relief from the courts may scare them away from a court appearance even though they would probably not show up.

    Thank you for replying. I have told the Bank that they are responsible for maintaining the property, as well as letting them know squatters are living there, the response seems to be, " We don't own it, we only own the Mortgage on it" even though they are listed as the owners on the last sale date Jan of 2020. I suppose I could still try telling them they are forbidden from using it, they really have no recourse UNLESS they could take me to Court, is it possible a squatter can sue for something they don't own??
    Thank you

  5. #5
    Join Date
    Nov 2013
    Posts
    6,997

    Default Re: Shared Driveway Rights of a Squatter Living in a Foreclosed Home

    If you're asking if a squatter can sue you for not letting them use the driveway, I would think not. They don't have any standing to sue you. They are not owners and they are not tenants.

    But for the bank to say they own the mortgage but not the property could mean that there is a foreclosure in the court but it has not been decided. You can check with the court to find out.

    But if your local property taxing jurisdiction has the bank as the owners then they are the owners no matter what the bank tells you.

    You may want to speak to a local attorney once you have all the documentation. The bank as the owner has to abide by the terms of the shared driveway grant. You could sue them for the repairs.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,382

    Default Re: Shared Driveway Rights of a Squatter Living in a Foreclosed Home

    Quote Quoting Slick
    View Post
    Hello & Thank you so much for replying. I have contacted the Bank as well as the Law firm representing the bank, no one will tell me anything since I am not the owner and have no account information. I wast thinking that telling them to stop using the driveway or i will seek relief from the courts may scare them away from a court appearance even though they would probably not show up.

    Thank you for replying. I have told the Bank that they are responsible for maintaining the property, as well as letting them know squatters are living there, the response seems to be, " We don't own it, we only own the Mortgage on it" even though they are listed as the owners on the last sale date Jan of 2020. I suppose I could still try telling them they are forbidden from using it, they really have no recourse UNLESS they could take me to Court, is it possible a squatter can sue for something they don't own??
    Thank you
    Here is your problem. They are squatters living in a home that does not belong to them. No matter what you say to them, they are not going to stop using the driveway. You can forbid them all you want, but they are going to ignore you.

  7. #7
    Join Date
    Jan 2011
    Posts
    370

    Default Re: Shared Driveway Rights of a Squatter Living in a Foreclosed Home

    Quote Quoting pg1067
    View Post
    I suppose you could construct a fence along the property line, but that might cause you more problems. Have you tried contacting the bank that owns the property about what's happening?
    How about this as an alternate: instead of constructing a fence along the property line, write to the bank/bank's attorney to let them know you will be installing a gate across the end of the shared driveway at the main road to secure the properties from trespassers who have been causing damage to the shared driveway. I wouldn't mention vagrants or squatters, just that people have been entering and causing damage to your property. Let them know that the gate will have a lock, and provide the combination or key for said lock, so the bank can't claim you are barring their access.

    That only works to physically keep people out if it's not easy to drive around the gate though.

    You would also need to give the combo/key to any utility companies that need access, such as the power company if they still physically read the meter instead of using a remote method.

  8. #8
    Join Date
    Jul 2020
    Posts
    7

    Default Re: Shared Driveway Rights of a Squatter Living in a Foreclosed Home

    Thank you so much, that is a great idea.

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