Shared Driveway Dispute

[c(b)hris]

What is the name of your state (only U.S. law)? PA

We have been fighting with our neighbors for about a year over a shared driveway in Pittsburgh. We live in a duplex, and there is a very narrow single lane driveway that widens right before a 2 bay garage. The neighbors have one side, and we have the other.

I keep my motorcycle in the garage and use it to fix my car, and the neighbors store things in their half. The driveway has brick walls on each side, and is so narrow that I can't get my motorcycle past when a car is parked in it. I have asked the neighbors over and over not to block my way, and we came to a verbal agreement to alternate use every other week, but even though I diligently honor the agreement, the neighbors are constantly parking there when it isn't their week. This is a huge compromise on my part, because it means that every other week I won't be able to get my motorcycle out. And on more than one occasion, when I could get it out I couldn't get it back into the garage because the driveway was blocked when I got back. When I ask them to please move their car to let me pass, they move whenever they feel like it, usually the next day.

The lease states that:
"MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or
halls, which shall be used for the purposes of ingress and egress only;"...

This is the only time the word "driveway" is mentioned in the lease.
Further, the lease in its first term is up. I have been here continuing month to month for about a year. But does that mean that each month that all the rules of the previous lease still apply?

Any help is GREATLY appreciated. The landlord doesn't want anything to do with the issue. I would prefer no one can park in the driveway. That's what it sounds like in the lease to me. We both have a garage space, I don't know why they have to park in the driveway. I don't block them by using the garage. There is also ample on-street parking. I'm tired of bending over backwards to compromise and getting nothing in return. I'm ready to seek legal action if I can.

Thanks in advance.What is the name of your state (only U.S. law)?

 

[c(b)hris]

bump...

This appears to be a tired topic on here. I've read a lot of previous posts, but nothing mentions specifically a situation like the one I'm in, being that I'm a tenant, and I have a month to month lease after the end of the original lease.

Any help is greatly appreciated.

Thanks in advance.

 

[John_DFW]

I would inquire with the city under what circumstances they could be towed, if at all. I would make it clear that you are a tenant and not property owner. I think there are some situations that only property owners can initiate.

I think in regards to towing, blocked out or blocked in have different implications.

 

[Banned_Princess]

bump...

This appears to be a tired topic on here. I've read a lot of previous posts, but nothing mentions specifically a situation like the one I'm in, being that I'm a tenant, and I have a month to month lease after the end of the original lease.

Any help is greatly appreciated.

Thanks in advance.

Since you are on a month to month, not a auto renewal of the lease and its terms, your LL, you, and everyone else on a month to month follow only the state laws.

you can find yours here...

http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf

Oh. PA. nevermind. This and many (all) issues are not addressed by the state of PA, and since there is no mention, there is no law, and the neighbor is free to be a douche and block you all of the time.

well anyway, as a month to month tenant, you are free to put in your 15 - 30day notice and move elsewhere.

 

[c(b)hris]

Thanks for your replies.

I was just looking over the lease again and noticed this line...

"A) The Premise includes use of only one garage."

Does this mean I have the right to use the garage? There are six foot walls on either side of the driveway that lead to the garage, and the driveway is only as wide as one car. This driveway "tunnel" is the only possible way to access it. Easement of necessity?

Banned_Princess, are you saying that since it's now month to month that the things in the lease don't apply anymore?

Thanks again in advance for your help.

 

[Banned_Princess]

Thanks for your replies.

I was just looking over the lease again and noticed this line...

"A) The Premise includes use of only one garage."

Does this mean I have the right to use the garage? There are six foot walls on either side of the driveway that lead to the garage, and the driveway is only as wide as one car. This driveway "tunnel" is the only possible way to access it. Easement of necessity?

Banned_Princess, are you saying that since it's now month to month that the things in the lease don't apply anymore?

Thanks again in advance for your help.

Yes, that is what I am saying.

 

[c(b)hris]

Yes, that is what I am saying.

Ok. Thanks for your time.

Any thoughts on the possibility of it being considered an easement of necessity?

 

[drewguy]

No. The property is under common ownership, so no easement.

I don't know LL/T law in PA (and the month-to-month exception to the terms of the lease), but your best argument is that the lease provides for use of one garage. Your neighbor has frustrated your use of that part of the lease. If the landlord is not willing to ensure your access then you want a rent credit for the garage that you can't use. By the terms of your lease the neighbor is violating it. Anyway, take a shot with the landlord, and if you don't like it or having to park on the street yourself then you'll have to make a decision on whether to move.

 

[Kiawah]

Would you get more attention by parking your car behind theirs towards the end of the driveway? Seems like all of your rational ideas have failed.

 

[c(b)hris]

Thanks for the insight everyone.
It's hard to hear but I guess that's how it is.
I guess all I can do is look for a new place to live and in the meantime practice my beginner drum solos to pass the time.

It blows my mind that the landlord sides with the people antagonizing the conflict. It's just going to make me move, then someone else....then someone else....

thx