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Private Shared Driveway being used by Neighbor as a Public Walkway for Business

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C

Cos

Guest
What is the name of your state?What is the name of your state? New York

If my neigbors weren't such nasty people I wouldn't have thought to ask this question, but since they called the police on me to complain that my harmless puppy, which was in my own backyard, was "terrorizing the children", it came to mind:

We share a private driveway for which we have a joint easement -- can it legally be used by her as a public walkway to the side entrance of her basement daycare business?

How would I go about seeing that my private rights are not infringed upon by her business?
 


gryndor

Member
Cos said:
What is the name of your state?What is the name of your state? New York

If my neigbors weren't such nasty people I wouldn't have thought to ask this question, but since they called the police on me to complain that my harmless puppy, which was in my own backyard, was "terrorizing the children", it came to mind:

We share a private driveway for which we have a joint easement -- can it legally be used by her as a public walkway to the side entrance of her basement daycare business?

How would I go about seeing that my private rights are not infringed upon by her business?
If it didn't matter before, why does it matter now. You just trying to "get them back" is not a very good excuse.

My 2 Cents,
Gryn
 
C

Cos

Guest
Your 2 Cents...

.. is worth just about that. First, I thought my post was quite clear about "why does it matter now". I also don't need an "excuse" to live in my private dwelling free from such harrasment.

I was under the impression this forum was one where I could get sound legal opinion. If you don't have any to offer please don't post.
 

Happy Trails

Senior Member
Cos said:
What is the name of your state?What is the name of your state? New York

If my neigbors weren't such nasty people I wouldn't have thought to ask this question, but since they called the police on me to complain that my harmless puppy, which was in my own backyard, was "terrorizing the children", it came to mind:

We share a private driveway for which we have a joint easement -- can it legally be used by her as a public walkway to the side entrance of her basement daycare business?

How would I go about seeing that my private rights are not infringed upon by her business?
**Is it a licensed daycare? Is she allowed to run a business from her home according to your city ordinances?

Maybe it is all legit, but you could check into those things.
 
C

Cos

Guest
Guess I will check into that

Happy Trails said:
**Is it a licensed daycare? Is she allowed to run a business from her home according to your city ordinances?

Maybe it is all legit, but you could check into those things.
Thanks,

Guess I will check into that, though to be honest I could care less what she does in her home long as it doesn't affect me. It would seem to me that whether or not her business is legit it shouldn't make public use out of a private driveway , whereby there should be any complaints levied against me about what I do on my own property.

Anyone out there with some experience in such a matter?
 
C

Cos

Guest
Checked already..

HomeGuru said:
Post back after you get the answers to those questions raised by Happy.
.. her daycare is licensed, however such holds no reference as to the matter of the driveway.

The way I see it, being that we have a joint easement covering the shared private driveway, it shouldn't be able to be used publicly.

There is nothing stopping her from using her own exclusive private entry for her business, especially if she finds it necessary to give me a hard time as if she is the sole owner of the driveway, even though I've never once complained to her about the noise that echoes through the driveway when she allows the kids to play there, or the toys left there, etc.
 

HomeGuru

Senior Member
Cos said:
.. her daycare is licensed, however such holds no reference as to the matter of the driveway.

The way I see it, being that we have a joint easement covering the shared private driveway, it shouldn't be able to be used publicly.

There is nothing stopping her from using her own exclusive private entry for her business, especially if she finds it necessary to give me a hard time as if she is the sole owner of the driveway, even though I've never once complained to her about the noise that echoes through the driveway when she allows the kids to play there, or the toys left there, etc.

**A: ok thanks. Now please post word for word ( not your own interpretation) what the recorded easement agreement states with respect to usage.
 
C

Cos

Guest
On Monday

HomeGuru said:
**A: ok thanks. Now please post word for word ( not your own interpretation) what the recorded easement agreement states with respect to usage.
I will have to get a copy of the easement from the county office, as I can't locate it right now. As I recall it simply stated the dimensions of the entire driveway and that both properties' rights extended over the entire area, though after the weekend I will get the exact language.
 

HomeGuru

Senior Member
Cos said:
I will have to get a copy of the easement from the county office, as I can't locate it right now. As I recall it simply stated the dimensions of the entire driveway and that both properties' rights extended over the entire area, though after the weekend I will get the exact language.

**A: and I bet it does not simply only state that.
 
J

Jack Mevorach, Esq.

Guest
Cos said:
What is the name of your state?What is the name of your state? New York

If my neigbors weren't such nasty people I wouldn't have thought to ask this question, but since they called the police on me to complain that my harmless puppy, which was in my own backyard, was "terrorizing the children", it came to mind:

We share a private driveway for which we have a joint easement -- can it legally be used by her as a public walkway to the side entrance of her basement daycare business?

How would I go about seeing that my private rights are not infringed upon by her business?
If the existing easement is being expanded without your consent, you may be able to challenge the expansion. If the expansion is not challenged, your neighbor's rights will have expanded.
 
C

Cos

Guest
Thanks..

Jack Mevorach said:
If the existing easement is being expanded without your consent, you may be able to challenge the expansion. If the expansion is not challenged, your neighbor's rights will have expanded.
.. for the advice. I believe the expansion issue is what I've heard referred to legally as a prescriptive easement. This is more along the lines of the type of advice I was seeking. As you are from NY, perhaps you would know if there is a general standard period of time one would have to challenge such an expansion (in usage, as the physical boundary is not in dispute).

As I replied to HomeGuru, I'm going to the county office asap for any relevant records, though the only reference I ever recall seeing on the easement was language on the deed of the previous owner describing the dimensions of the physical area -- it's not even referred to on my own deed.
 

nextwife

Senior Member
TRy looking in your title commitment/policy for the easment. Odds are, copies of any E&R documents were attached.
 
C

Cos

Guest
Exact language of easement...

nextwife said:
TRy looking in your title commitment/policy for the easment. Odds are, copies of any E&R documents were attached.
..follows, but first, thanks to 'nextwife', as I indeed find it in my title policy:
EASEMENT​
.."It is understood and agreed that the vacant space lying north of the notherly face of the northerly wall of building on premises herein described and south of the southerly face of the southerly wall of building adjoining on the north and lines in continuation thereto and westerly to the easterly side of ___ Ave and easterly to a point distant 20 feet west of extreme rear of respective premises is to be used as a means of egress and ingress for pleasure automobiles only in favor of the owner and occupants of the respective premises."

Looks like the language of the easement agrees with my position. Next question is how would I go about getting this enforced. Seems simple enough, but will I need an attorney?
 

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