Neighbors using driveway

[sonoma]

I purchased a home Rhode Island in May, 2001. My driveway is next to my neighbors driveway. Prior to my moving in the neighbors and their tenants have all used our driveway to come in and out so that they don't have to inconvenience each other to do a car shuffle. They have never talked to me about this arrangement. It usually doesn't inconvenience me because I can part at the top part of my driveway allowing them access. By allowing them to use my driveway, will they have any legal right to use it after a certain period of time (easement?). Do I have any liability issues with them driving on my property daily? Should I stop this now? Have a written agreement? Any advice would be helpful.

 

[HomeGuru]

Have an attorney draft a right of way agreement for you and the other perty owner to sign. The agreement should address repair and maintenance, liability, termination at any time etc.
If they refuse to sign it, then they can't use your driveway.

 

[J. Ducaine]

First, get a surveyor to verify your property lines. Second, if the driveway is truly yours to the extent you believe, notify the owner of the neighboring property (in writing) the amount of rent you'll be charging monthly for the usage. If this does not keep them off, or if they do not pay the rental, have a wall built between the two and charge the property owner for half of the cost.

 

[HomeGuru]

screw that last advice. First, get a surveyor to verify your property lines. Second, if the driveway is truly yours to the extent you believe, notify the owner of the neighboring property (in writing) the amount of rent you'll be charging monthly for the usage. If this does not keep them off, or if they do not pay the rental, have a wall built between the two and charge the property owner for half of the cost.

My response: ok, the survey idea is good but presuming the writer just recently bought the property, a survey should have already been done.
Your idea of building a wall is a big joke. A homeowner can't just build a wall and charge the neighbor owner for half the cost.

 

[J. Ducaine]

you are correct that "building a wall" will not make them friends. However, as mentioned in other advice, Ive done it. Ini our instance the driveway no wall, and the boundries were "assumed", based on paving and the like. After survey, the "true" property lines were founds to be one foot over towards the neighboring property. we did the court thing, they filed injunction, we prevailed. to thid day, a wall exists "one foot" over, and suffice it to say, we are not friends. As for chargin for half, the law generally allows an individual to assess for half of the cost - i thought this was a generally-known rule.

 

[sonoma]

Assuming that I can establish the true property line, my concern is the potential for an easement in the future. I have learned that if they have continual use of my property for 5 years, an easement would give them legal right to my driveway, which would prevent me (or anyone who buys my house because the easement transfers with the sale of the house) from putting up a wall. Now my concern is: My neighbors have owned their home for 2 years. If the owners and tenants before them had continual use of my driveway for a number of years, is there already an easement? Would this have had to be declared at the sale of the house? How do I find out? As long as there is not currently an easement on my property, I think I know how to proceed. Thanks.

 

[J. Ducaine]

have a title report run. this should show any valid easements against the property. call your local escrow company, or title company directly. or, you might just go to the county recorders office and request the info.

 

[I AM ALWAYS LIABLE]

". . . have a wall built between the two and charge the property owner for half of the cost."

To: J. Ducaine:

Since you're in California, and you're responding to a writer in Rhode Island, please point me and the writer to ANY California and Rhode Island statute, case law, regulation, ordinance, or other legal fiat, that would allow our writer, or any person in the same situation, to "charge the [other] property owner for half of the cost."

Thank you.

IAAL

 

[J. Ducaine]

California Civil Code

841. Coterminous owners are mutually bound equally to maintain:
1. The boundaries and monuments between them;
2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter.

since building a wall would "presumably inclose the property" or otherwise "adjoin" another wall to the new wall.

you may notify the neighbor of his intention to construct a new fence. the neighbor may then notify you within 10 days that he intends to let his land lie open. If he chooses to do so, you must build the fence at your own expense. However, if your neighbor ever uses the fence in the future to help enclose in any way (likely already the case, correct?!), then he would be liable for one-half the value of the fence at that time. If he makes not reply whatsoever, you may construct the fence after 30 days and hold the neighbor responsible for one-half the cost of construction.

this absolutely may chane between Rhode Island and California, but I believe I have answered IAAL's.

".......that would allow our writer, or any person in the same situation, to "charge the [other] property owner for half of the cost." since IAAL is "always liable", perhaps he/she can foot half the cost for you?

 

[I AM ALWAYS LIABLE]

My further response:

841. Coterminous owners are mutually bound equally to maintain:
1. The boundaries and monuments between them;

2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter.


So, let's assume for the sake of this discussion, that our writer's "driveway problem" is in California, and not Rhode Island - - just for the moment.

Under California Civil Code section 841(2), if our writer built a wall to divide the driveway, there would be no legal procedure or requirement to force the coterminous owner to pay for one-half (albeit, any portion) of the cost of the dividing wall if the other property owner "chooses to let his land lie without fencing."

So, like I said, there is no "statute, case law, regulation, ordinance, or other legal fiat, that would allow our writer, or any person in the same situation, to "charge the [other] property owner for half of the cost" unless the other property owner decides to inclose his property; e.g., our writer couldn't just build the wall, and then march over to his neighbor's house, present a bill for 1/2, and then say, "Fork over $XXX.XX, pal."

IAAL

 

[HomeGuru]

More evidence.