Not sure hwere to put this but if it is in the wrong place please move it thanks.
I bought a house with a shared driveway. The neighbor with whom I share driveway, harbors people I don’t care for and my tennants are complaining about them hanging around and there is constant smoke coming through the windows from those people smoking on that side of the house.
I spoke to her several times and she agrees with me but does nothing about it. These guys are there because of her son.
Both houses have garages are at the back of the house, however I do not use mine but she uses hers. I have been thinking of putting up a fence between us which is the driveway. If I do she would be unable to use her garage or driveway since there would not be enough space for her car to either park or drive to get to the garage. I have been wondering how I could find out if this is legal or if I can be sued for doing it.
Is there anyone who know if I can put up a fence between a shared driveway. I am thnking I can since it will be in my property. I really do not want to put up the fence but I am researching the legality of it so I can inform her of my intentions and if nothing changes, to do it.
We both are legally to use the driveway since it is part of both our properities. What I want to know is: Can I put up a fence on my side? I have seen other people doing it so I want to know if I can.
I live in one of the five Borroughs of New York City. If anyone reading this has ever had similar situatuion or know of anyone who did, feel free to e mail me about it…Thank in Advance
If you put up the fence, you said she would be unable to use her garage or driveway since there would not be enough space for her car to either park or drive to get to the garage.
Sounds to me that if you deny her access to her property, to which she is legally entitled, you will have a problem.
I fail to see how a fence addresses the problem. The undesirable visitors will still come to the house, will still smoke in the house, so how will a fence make your tenants happier?
It would solve some of my problems by: Them not dropping cigarettes on my property, they would not be able to put their garbage in my garbage can, or throw junk on my property, my tennants would be able to come into the house without having to pass them hanging out at my side of the gate and I could go on and on.
I was wondering about the legality of it. As I said above, I just wanted to know if I can legally do this so I can tell her and in doing that maybe, just maybe she would take action.
if you put up a fence you are going to creat a big problem for yourself as described by DaveT.
I’m fairly sure you have what is called a “private nuisance”. Obviously, your neighbor is blowing you off. You should find out who the legal owner of the house is and send them a certified letter informing them of the problem and demand correct of the problem within 30 days. In the meantime, you might stop off at the local police station and speak with an officer and explain the situation using the motive of "I’m trying to be proactive to deal before it causes a big porblem(i.e. the police get called). I have used this several times with good results to deal with minor neighbor issues. You might also consider to videotape the situation to document it.
If you still have a problem and you are serious about solving it, then it would be time to go to court.
In answer to your question, No it would not be legal for you to put up the fence. The easement allows both parties to share the property and you putting up the fence would violate the easement. I personally have a shared driveway myself and luckily I have no problems with my neighbor. Of course if they moved out and someone else moved in and decided to put up a fence, I would rip it out of the ground myself and it would be my right to do so.
I believe an easement is for ingress and egress, not for parking on or congregating on. What I am saying is an easement is for passing through a property, it doesn’t give you the right to use it anyway you want. Is the common drive right next to the house? Is there room for a fence on your edge of the drive. I believe I would start using that drive, too. Keeps your rights established and them out of the way if you or your tenant start driving on it.