How to unshare a shared driveway

[Ozark_Sophist]

Originally Posted by woodyga

Question?

Would It be inappropriate to post a link here to my suit against us with the names blacked out so that the experts could see what it really is about.

Woody

Only post or link to information which you would permit your adversary to read if he or she so desired. It only takes a very small amount of information to identify the name of a poster--I know, I've done it out of curiosity.

Google and other search engines crawl the forums so a search may lead directly to your legal strategy. For example, your neighbor may google "shared driveway, good neighbor fence, missouri" and find this forum.

[Zigner]

Originally Posted by Ozark_Sophist

Only post or link to information which you would permit your adversary to read if he or she so desired. It only takes a very small amount of information to identify the name of a poster--I know, I've done it out of curiosity.

Google and other search engines crawl the forums so a search may lead directly to your legal strategy. For example, your neighbor may google "shared driveway, good neighbor fence, missouri" and find this forum.

Ozark's right - at this point, the only "outside" person you should be discussing this with is your attorney.

[woodyga]

It is the claim she has against me/us that her attorney filed. She has a copy that her attorney sent us.
Our State has a online database of cases that is searchable.
[url]http://www.courts.mo.gov/casenet/cases/searchCases.do?searchType=name[/url]
It doesnt get into specifics but you get the idea of whats going on.
I see what you mean about the search engines. Thank you very much for the education.

Woody,

[LindaP777]

Interesting case! Please keep us updated!

[woodyga]

Thanks to everyone who has replied to my post. I can see by the number of views that a lot of people are interested in my case.
My Attorney has file a motion to dismiss for "Failure to state claim for which relief can be granted". I checked our case on MO Casenet and I guess if the judge doesnt grant the dismissal that we have a case review scheduled for 3-10-2007.
I will keep everyone updated as events progress. Thank again to everyone for the advice and support.

woody,

[TinkerBelleLuvr]

The thing that bothered me originally about the neighbor's motion was the 'you have to let me use it, but don't expect me to help maintain it' attitude. He/she may actually be their worst enemy.

Secondly, the access isn't for the garage - it's for the BACKYARD. Was the car port installed under proper permits?

[woodyga]

Ginny J,

Im not sure if the "carport / screened porch " was properly permitted. She sure has checked to make sure that we have our permits all in a row. I will check with the city I dont know how long they keep their records but it worth looking into. I wonder if it (carport) is illegal could they make her tear it down. That would make my day!!!!!
We offered to sell her a easement (for a modest sum) and she said that was crazy.

I dropped off our Interrogatories at our attorney yesterday. I didnt get a chance to talk to him. When we talked previously about them on the phone he didnt seem like it was real important right now. Said just drop em by his ofice.

[woodyga]

Here are a few pics of the plaintiff and our properties that might clear up some
questions for those that have been following my post.


Front of plaintiffs house, the one with the star on it. Her driveway and garage are on the right side.
On the left is our gravel driveway that leads to our garage.
[url]http://i226.photobucket.com/albums/dd32/woodyga/IMGP1425.jpg[/url]


Another pic of the front of her house. That is our renter standing in our driveway.
The very first 5 feet in on the right hand side where we have been turning in is her property.
We do not need to use it to access our property anymore. We have since widened our
driveway to the utility pole on the left and don’t cross over her property any more.
[url]http://i226.photobucket.com/albums/dd32/woodyga/IMGP1427.jpg[/url]


The new fence installed right upto the property line.
[url]http://i226.photobucket.com/albums/dd32/woodyga/IMGP1435.jpg[/url]


On the other side of our new fence is where she wants to continue parking her car
[url]http://i226.photobucket.com/albums/dd32/woodyga/IMGP1437.jpg[/url]


Another pic of our new fence. That is our garage on the left side of the pic
[url]http://i226.photobucket.com/albums/dd32/woodyga/IMGP1439.jpg[/url]

[PiperPi]

So...how'd it go?

[woodyga]

No News. Still waiting to see if the judge will dismiss the case. If not we have a case review scheduled for 3-10-07. I went to the city to see about her properly permitted carport. They said their records didnt go back very for as the records were ruined in a flood some years back. I will keep everyone posted as things progress. Thanks everyone for your input.

Woody,

[woodyga]

I promised to keep everyone posted on any developments.

Well the judge denied our motion to dismiss yesterday, I guess were going to court guys.
Needless to say we were floored. We thought that this was a no brainer.
I havent had a chance to talk to my attorney yet to see whats next because we found out about the denial late yesterday.
Will keep yall posted as events occur.

Woody,

[SnowCajun]

I'm not an attorney, but what I don't understand his how anyone else can force you to allow them to use your property, especially in a case like this when they already have a driveway and carport on the right side of their house. Do they use that one on the right side at all?

Maybe I could understand it better if they didn't already have a driveway and carport there on the right side and were just using the easement, maybe easement isn't the right word here, to get into their "backyard carport", but since they have one driveway and carport already on the right side of the house it sounds ludicrous to force you, especially expecting you to foot all the usage/upkeep/maintenance bills ect. of what they get to use for free? Maybe I've watched too many John Wayne movies while growing up in the 50's and 60's, but what's mine is mine, and this sure smells of abusing you for free getting to use your property against your wishes, especially since you've stated you don't want them to, and even with zero help in maintaining what they're using to top it off! Something really sounds backwards about that!

Maybe one of you legal eagles out there can help those of us less knowledgable of the law understand why, just because a previous owner allowed someone to use their property, that after they sell or die off, that this previous favor or nice gesture has to be forced upon the next owner in this manner, especially when they don't want that to continue. I've always looked at my property as being just that, my property, and if I don't want someone on my property then they best stay off. That may be the redneck way of looking at it, but I just don't get it since these people already have another driveway and carport. Good Lord, how many do they need?

SnowCajun

[woodyga]

It seems we have to change judges. One of us litigants (our renter) is a criminal Justice Major at the local college and she is interning at the local courthouse and will be working with all the local Judges. So my attorney is going to request a new judge in another county. He said we would also refile the motion to dismiss with the new judge.
What really Bites about all this, is its starting to get expensive.

Will keep everyone posted as updates occur.

Thanks for everyones help and support in all this.

Woody,

[TinkerBelleLuvr]

I appreciate the update. When we have folks ask HOW long something takes, this at least gives a timeline. In addition, you bring up points that can be used in other arenas. Thanks.

[woodyga]

Hi folks,

Ok yesterday my attorney sent me a copy of some of the research he has been doing on my case. He sited this case. It is very similar but with a twist different than my case. For all the legal eagles here is the case Westlaw 938 S.W.2d 677. He think$ we $hould proceed. My question is, based on this case if you were me would you proceed and keep defending, or does it look like I,m gonna loose my case anyway?

Thanks for any help, Woody,