Shared Driveway

[ivanl]

I currently own a piece of property in PA that has a driveway on it that leads to a house on a different piece of property (that I don't own). Currently this is the only access "road" to that house. In the deed for that property, it states that the owner aknowledges that the driveway leading to his house is on my property and is granted by license agreement that can be revoked at any time by me. There is similar wording in my deed too.

I now want to revoke the access. I have not communicated the revocation of access in writing to the owner yet, but will do so shortly. I have informed him, however, orally. When I told him, he tried to come up w/ every reason why I should be nice and let him continue using the driveway. Once he became convinced that I was not budging, he started down the path that PenDot might now allow him to build his own driveway off the state road that runs in front of both of our properties becuase it is on a curve and a guiderail would need to be cut (and something about a school bus stop). My opinon is that he just doesn't want to fork out the money to build it.

Questions: Does he have any real shot at forcing me to continue to allow him access? If so, through what authority (township zoning officer, magistrate, Pendot,)?

When I do give him written notice, what is reasonable time frame to give him to put in the drive way (30 days, 60 days, 90 days)?

 

[HomeGuru]

I currently own a piece of property in PA that has a driveway on it that leads to a house on a different piece of property (that I don't own). Currently this is the only access "road" to that house. In the deed for that property, it states that the owner aknowledges that the driveway leading to his house is on my property and is granted by license agreement that can be remoked at any time by me. There is similar wording in my deed too.

I now want to revoke the access. I have not communicated the revocation of access in writing to the owner yet, but will do so shortly. I have informed him, however, orally. When I told him, he tried to come up w/ every reason why I should be nice and let him continue using the driveway. Once he became convinced that I was not budging, he started down the path that PenDot might now allow him to build his own driveway off the state road that runs in front of both of our properties becuase it is on a curve and a guiderail would need to be cut (and something about a school bus stop). My opinon is that he just doesn't want to fork out the money to build it.

Questions: Does he have any real shot at forcing me to continue to allow him access? If so, through what authority (township zoning officer, magistrate, Pendot,)?

**A: quite possibly he does depending upon variable circumstances. You need to consult with a real estate attorney on these matters.
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When I do give him written notice, what is reasonable time frame to give him to put in the drive way (30 days, 60 days, 90 days)?

**A: see above.

 

[ivanl]

Thanks for the advice. I plan to hire an attorney only if he ignores or disputes the formal letter I am drafting that will revoke his access. This could save me some money and I don't see any risk involved in trying to handle it myself up until the point that a dispute arises. I am leaning toward giving him 60 days notice.

 

[HomeGuru]

60 days notice is not enough time if he has to build a new road.
Generally, a new road takes about 6 months because of a survey, governmental approval etc.

 

[ivanl]

All he would have to do is build a driveway (approx. 300 feet) over his property from an existing road so I don't think he will need to survey or gain government approval. Depending on exactly where on his property he decides to put it, the only thing he may have to do is get Pendot to open a guide rail. He wouldn't even have to do that if he built it on the other end of the property. Maybe I will go to 90 days, but that should be more than enough. In fact, if he produces a letter from Pendot indicating that they will open the guard rail on day x, I will even give him 90 days from that date.

 

[HomeGuru]

Ok, fair enough. Good luck to you.