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Cathy1234

Guest
What is the name of your state?What is the name of your state?New York
I have a neighbor who has right of way on my driveway to access their horse barn. Can this neighbor allow others to use my driveway (without our permission) to access their land? My driveway is being used as a thruway for parties, and also for others to test drive thier motorcycles. There is no mention in the deed that states this neighbor can allow others to use his property, but there is also nothing stating that he can't. One person that he is allowing to use this property is delibertly harrassing me, pulling up at night and shining the bright lights of their car in my windows, yelling obsenities at me when I am out walking my dog and just driving up and down all day long, whenever the mood hits. Today, for example, this other person drove their truck up and down my driveway, pulling into the adjoining property, peeling out, and then back down the driveway they went. They did this 3 times. Then, they started with their motorbikes, riding up and down, pulling into the property next to mine, and back down again. Any help would be appreciated. I've spoken to the police and they tell me that if this neighbor is allowing others to use his property, then there is nothing I can do about it. Do I have any rights as the property owner? Thank you
 
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FarmerJ

Senior Member
exactly what does your propertys records say ? is there a formal recorded easement granted to the nieghbor? and if so does it only specify that it is for ingress and egress ? your niegbor cannot just allow others to use land that he doesnt own . SO carefully review your propertys records to learn if there is a recorded easement or not . then post here again .
 
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Cathy1234

Guest
Hi Farmer: My deed shows that this neighbor (I'll call him "L") has the right to cross & recross my property to access their barn. All it mentions is "said easement", but there is no easement actually indicated. My two neighbors,"L & K" that are friends, have been tag teaming us since we moved in and had the land surveyed. We wanted to put up corral fencing to make it look nice. All hell broke loose after that. Today, when I came home from wk, this female "K" (and I use the term loosely) that lives at the very end of my driveway, pulled out in front of me, blocking my way. Then, she cut across my lawn and almost hit my car. This is the kind of crap I have to deal w/every day. We have our lawn area posted w/no tresspassing signs, but it does no good. We are constantly repairing damage done to our lawn by these people. The court said that we cannot make them pay, because we did not "see them do it". It's ridiculus. I just don't feel that "L" should be able to allow everyone and their brother to access his property using mine. Any ideas?? Thanks
 
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FarmerJ

Senior Member
yes purchase a security camera for outdoor use an start recording the activity , if you can record damage you can take the proof to a atty and discuss suit for damage after you have shown the footage to your police dept . as well ask the attys advice about gating your driveway after the atty has reviewed your documents to determine what was done .
 
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Cathy1234

Guest
Do you have any cheaper ideas? I really don't have the $ to gate my driveway. Really, what I'm looking for, is does this neighbor "L" have the right to let anyone use my property to his. You would not believe how many cars are up and down my driveway. His mother in law even drives up, pulls on "L"'s property, and stares at my house or stares at me when I'm walking my dogs. I think I'm dealing w/some nutcases here and I never dealt w/people like this before, so I really don't know how to handle it.
 

FarmerJ

Senior Member
Cheaper Ideas ???? HmMMMMMMMMMMMMMMMMM pray your city council passes ordinances that require that all out buildings ,pole buildings, barns , garages etc must have access through no one elses property but the property they are situated at , then lets all pray the city has or creates a ordinance that defines enough of a percentage of a structures destruction that spells out when it can and cannot be rebuilt . and last pray that lightning hits the barn/shed ,garage destroying it when it is nearly empty and no one is in it so that way it becomes destroyed . other wise spending the money for a camera to record the activity and any damage that occurs and getting evidence that can be used by police and speaking with a atty are about it unless you would rather sell and let it be someone elses headache . Many times years ago people who allowed nieghbors a easement or had a shared driveway were very respectfull so they never caused any problems but folks just arent that way any more and when one has a property where a vague easement is in place not spelling out things better than just ingress and egress the only things one can do are talk to a atty and also take steps to gather proof of incidents wich cause problems . you really dont have alot of options other than hoping the nieghbor decides to move and hoping the new one is from the old school . Consider using the links up top to locate a real estate atty or even the link to speak to some one live .
 

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