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Easement - Driveway

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C

CoffeeCat

Guest
What is the name of your state? Ohio
I live in a condomium next to an apartment building. The condominium driveway is on the east side of our building. It is narrow and the only acess to our garage and parking lot. The apartment building has their own driveway on the east side of their building. The buildings are close together. There is a three foot easement on our drive for the apartment tenants to use for a foot path to get to their parking lot behind their building.
There is a cut through from our driveway to their parking lot. The problems we are having are two fold: 1. Tenants from the apartment building continually use our drive to acess their parking lot often late at night with radios blaring. 2. Tenants of the apartment building park their vehicles in our driveway despite a sign posted that says "Private Property - No Parking or Stopping in Driveway" with the address of our building. When they park or stop in our driveway there is no way for us to get to our garages or rear parking lot.
We have had continuous discussions with the owner of the aprtment building. He claims he "owns three feet of our driveway". He just sealcoated the partment building and did not do any of the section he claims he owns on our driveway. We are considering resurfacing our drive - can we hold him responsible for paying for the square footage he claims he owns?
Owner of the apartment building does not do anything to maintain what he claims is "his three feet". He does not pick up trash, sweep the area of leaves or do any snow removal.
Can we erect a chain barrier on the cut through that has an ample opening for foot traffic but not a vehicle that accesses their back parking lot from our driveway?
The owner of the building charges his tenants for parking - $30 - $50 a month. The way he has set up the spaces is an inconvenience for two cars with one having to park behind the other. One car has to move for the other to get out unless they use our driveway. If the owner is charging for parking and telling tenants they can use our driveway are we entitled to any of the parking fee?
Lots of questions: I will research what it says on our titles as far as the easement goes.
Thanking all responses in advance
 


BelizeBreeze

Senior Member
YOur condo board can do nothing to hinder the enjoyment of the apartment dweller's easement of the driveway. However, you CAN and SHOULD call the police each and every time a car is parked blocking access to the parking area and have the car towed. You should also change the sign to reflect this.

And each and every time someone uses the footpath with radios blaring after 10 p.m. call the police and file a disturbing the peace complaint.

An easement conveys no ownership in the affected property. It conveys the right to use for the specific purpose ONLY.

Now, before HG asks, where is your condo board's attorney in all of this?
 
C

CoffeeCat

Guest
Easment - Ohio

Thank you BelizeBreeze: Our condominium building is small - only 6 unit (very large unit) so we don't have an official board attorney.
CoffeeCat said:
What is the name of your state? Ohio
I live in a condomium next to an apartment building. The condominium driveway is on the east side of our building. It is narrow and the only acess to our garage and parking lot. The apartment building has their own driveway on the east side of their building. The buildings are close together. There is a three foot easement on our drive for the apartment tenants to use for a foot path to get to their parking lot behind their building.
There is a cut through from our driveway to their parking lot. The problems we are having are two fold: 1. Tenants from the apartment building continually use our drive to acess their parking lot often late at night with radios blaring. 2. Tenants of the apartment building park their vehicles in our driveway despite a sign posted that says "Private Property - No Parking or Stopping in Driveway" with the address of our building. When they park or stop in our driveway there is no way for us to get to our garages or rear parking lot.
We have had continuous discussions with the owner of the aprtment building. He claims he "owns three feet of our driveway". He just sealcoated the partment building and did not do any of the section he claims he owns on our driveway. We are considering resurfacing our drive - can we hold him responsible for paying for the square footage he claims he owns?
Owner of the apartment building does not do anything to maintain what he claims is "his three feet". He does not pick up trash, sweep the area of leaves or do any snow removal.
Can we erect a chain barrier on the cut through that has an ample opening for foot traffic but not a vehicle that accesses their back parking lot from our driveway?
The owner of the building charges his tenants for parking - $30 - $50 a month. The way he has set up the spaces is an inconvenience for two cars with one having to park behind the other. One car has to move for the other to get out unless they use our driveway. If the owner is charging for parking and telling tenants they can use our driveway are we entitled to any of the parking fee?
Lots of questions: I will research what it says on our titles as far as the easement goes.
Thanking all responses in advance
 

HomeGuru

Senior Member
CoffeeCat said:
Thank you BelizeBreeze: Our condominium building is small - only 6 unit (very large unit) so we don't have an official board attorney.
**A: then wouldn't it be prudent to have the HOA hire one?
 

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