• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Shared drive-neighbors speeding

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

gina.robbins

Junior Member
What is the name of your state (only U.S. law)? North Carolina

Here's the deal:

My father overall owned almost 10 acres of land. He and my mother live on the first 5. Several years ago, he gave my sister a 2.5 acre lot at the back of the land. This past year he gave my husband and I the middle 2.5 acre lot. We just moved into our new home in July.

Our drive branches off of my parent's land and curves through the trees, dead-ending at my sister's property. We, of course, are in the middle. The majority of the drive is actually on our piece of land. Problem is, my brother-in-law and everyone who comes to visit him speed down the driveway. There's a blind spot going around the curve and I am afraid they are going to hit someone. Plus, they are throwing their garbage out on our land as they speed by. Since the majority of the drive is on our land, can we put a speed limit sign up and enforce it through the sheriff? If not, what can be done? I have spoken to my sister about this but nothing has changed. In fact, seems like when I talk to her it just gets worse.


There's definitely "bad blood" between us and my brother-in-law, but this is going too far. Any and all advice is welcome! Thanks so much!!!
 


FarmerJ

Senior Member
Is there anything recorded that spells out who is to maintain the driveway ? If not then either stop maintaining it so it becomes rutted and bumpy forcing drivers to slow down OR speak to a atty about any legal issues with adding speed bumps !
 

gina.robbins

Junior Member
Thanks! We'll definitely give it a try. In the meantime, though, I think we'll post a speed limit sign and see if that helps at all. If not, I'm talking to a lawyer!
 

Pokerman11

Junior Member
There are lots of internet places to buy traffice signs, just google "traffic signs".

I got some from trafficesignstore.com and they were cheep and came within 5 days. Look just like street signs. Then go to home depot/lowes and buy a fence post pole.

There is also internet sights that sell those rubber speed bumps you can nail into the ground with rebar. If it is also your driveway, buy one or two of these things and the "BUMP" signs. If it is your driveway I'd just put them in, make him get the atty to get you to remove them.

Note, speed bumps make noise when the cars hit them. So you will slow them down but then listen to the cars smack into them all night - are you doing yourself any good?. Be wise if you do place them.
 

gina.robbins

Junior Member
I'd rather listen to the noise than have one of my kids get hit. We will probably get a speed limit sign or two first, but if that doesn't work we'll to line the entire driveway, up to our house at least, with speed bumps. Thanks!
 

154NH773

Senior Member
When your parents gave the property to your in-laws, did the deed contain a right-of-way easement through the property you now own? Or does your deed grant an easement to them? If so, what does it say about maintenance? If not, maybe you have some leverage over where, or how they will access their property.
 

gina.robbins

Junior Member
There is an easement for both my husband and me, and my sister and her husband. There was nothing stated about who's in charge of maintenance, however. The part of the driveway that is actually on their property is the last 20-30 feet before it dead-ends. The part on our property is about 150 feet, and the rest is on my parent's land. The speeding issue has been getting better lately, so hopefully we won't have to take any kind of action.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top