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Shared Driveway Issue

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What is the name of your state?What is the name of your state? N.Y. (Brooklyn, NYC, Kings County)

We purchased our home about 2 years ago, and there is a shared driveway with our neighboors between our 2 houses. It is very narrow and practically impossible to fit a normal sized car thourgh to acces either of our garages. for the last year it was whoever was here first would block the driveway. We recently had a large portion of our garden in the front yard removed and had it paved for the purpose of parking a car there. If a car is parked in the new spot the car would stick into the shared driveway about 3-4 inches. The neighboors now block the driveway even if there is available parking infront of the houses... and refuse to move for us to acces the newly created spot (angry that they can no longer block the driveway I guess). They also began to park just barely inbetween the 2 houses in the shared driveway spot. In either way we are unable to access the newly created parking spot, or our garage in the back of the house (which is where our legal claim would probably come into play). On our deed it states:

"Together with an easement or right of way in favor of the owner of the above described premises over the most northwesterly 3ft 6 inches of the premises adjoining on the southeast for the purpose of ingress and egress for pleaseure automobiles to anf from garage built in rear of premises herein described and SUBJECT to Easement of Right of Way in favor of the owner of the premises immeadiatley adjoining on the southeast over the most south easterly 3ft 6 inches of premises herein described for the purpose of ingress and egress for pleasure automobiles to and from garage built in rear of premises adjoining on the southeast."

From this I take it as neither of us are allowed to be parked within the shared driveway. We called the police and they said that it is a civil matter and they can not issue a violation to them. What will it take for the police to either issue a summons or make them move (court order??)??

I've also tried as many resources as possible and can not find out how to get a permit to break the concrete at the curb to make the newly constructed spot a driveway in itself. I'm starting to feel like this will be a long expensive process that will only be able to be resolved with a lawyer. Any assistance is greatly appreciated.

Thanks, George Z.
 


BelizeBreeze

Senior Member
From this I take it as neither of us are allowed to be parked within the shared driveway. We called the police and they said that it is a civil matter and they can not issue a violation to them. What will it take for the police to either issue a summons or make them move (court order??)??
And they would be correct. There is nothing you can do to get the police involved short of beating the crap out of the neighbor.

Hire a Real Estate Attorney and get him/her to send a cease and desist letter. Then if they don't stop blocking the drive, sue their ass.

NOTE: You might want to also add about 5 inches to your new parking area. If you block the drive by even one inch so that a car cannot pass, then you too are in violation and don't have much of a case that your neighbor is taking advantage of you.
 

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