Encroachment/Tresspassing?

What is the name of your state (only U.S. law)? CT

What is the name of your state (only U.S. law)? CT

Hi!! I live in an area which the houses were built in the early 1950s, so the houses are very close together, many of them have driveways that are side by side. When we first moved in, we liked our neighbors and did not take issue with them using our driveway to get in and out of theirs. In the past couple of years, a number of conflicts have taken place and I have asked time and time again for them to stop using the driveway. I have even gone as far as to put rebar poles up in the middle of the driveway to prevent this problem.

Mutual best friends lived across the street and they begged us to take them down for the sake of peace in the neighborhood. They forclosed on their home just over a month ago, so I no longer need to "people-please." I also would not like to put the rebar up because our driveway is a bit more narrow than our neighbors. I have asked so very many times for them to stop using our driveway and they will not. They have no respect and no common courtesy. They are over 16 years younger than us! They own motorcycles that are very loud; one of their autos has an alarm system and is constantly and purposefully setting it off the alarms because they know our bedroom is located right next to the driveway and most recently have started parking in front of the house to tear up the front yard with mud.

We have spoken with the wife on several occations, and to be quite frank, she is a spoiled brat and believes that everyone should cater to her and that rules do not apply to her.

I recently spoke with the husband who wants to chalk all this up to favors, and he quickly realized that I have done many more favors for him than he has done for me. He is also an alcoholic who has abused my now deceased dog, both physically, verbally and terrorized him with both the motorcycle and lawnmower.

They have a pit bull who has used our property for play time and they do not clean up after the dog; the poop is one thing, the urine is wrecking my yard!

I called the local police last week and they informed me that is is NOT tresspassing because they are not "parked" on my property, just using it. There is nothing that can be done from their aspect.

I commented to the mutual friend that used to live across the street and her comment back was, "you are being selfish!" Huh? I pay the property taxes on this and this is MY home! Isn't this supposed to be my sancuary? Don't I get a say in all this? I can't even sleep anymore because my brain is programed to when I will hear the car alarms, the door slams, the high-pitched whinny voice of the wife.... I could go on and on.

If I could move in this economy, I would. If I could afford a fence, I would. If I could afford to move rooms around in my home, I would... but I cannot. I am disabled and if nothing else, my sleep patterns are unpredictable.

Should I contact a lawyer? Is a lawyer going to tell me anything I do not know from the police? Do I have a leg to stand on? Am I just being selfish? I just want some common courtesy and respect for the boundaries I have stated. Hindsight is 20/20, but we cannot turn back the hands of time. Any and all comments are appreciated.

Please tell me I am not crazy and hopefully, I have some sort of case here....
Thank you!!What is the name of your state (only U.S. law)?

harborheart said:

Am I just being selfish?

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Sounds like it, and vindictive.

Assuming there is no mutual easement, then you are probably within your rights to foreclose their use (I assume it's just to pull in/out). It is possible that over time they have a acquired a prescriptive easement (as have you).

But it sounds to me like you have other issues and you're making this stink because of other things not because their use is creating actual problems for you. That's going to make it a more difficult case to win if you tried to sue for trespassing. (Judge: So what's the harm? You: Well, there's none, but their dogs are really loud and the husband is a drunk.)

drewguy said:

Judge: So what's the harm?

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The harm is the trespass.

The right to exclude is a fundamental property right. If you don't want someone there, your right to exclude them is absolute.

One successful tactic is to grant them a revocable license for a fee, and state that their method of acceptance of the contract is their continued use of the property.

You would probably need an attorney to write up an enforceable agreement.

You can check with the agencies that work with people with disabilities in your area for help with insulating the wall of the house to include the window(s) on that side of the house to help your medical condition. The agency may be able to help you find a solution for the driveway due to your disability.

Animal control will check to see if their animal is under their control when out in the front yard. You would have to submit the request to animal control.

drewguy said:

Sounds like it, and vindictive.

Assuming there is no mutual easement, then you are probably within your rights to foreclose their use (I assume it's just to pull in/out). It is possible that over time they have a acquired a prescriptive easement (as have you).

But it sounds to me like you have other issues and you're making this stink because of other things not because their use is creating actual problems for you. That's going to make it a more difficult case to win if you tried to sue for trespassing. (Judge: So what's the harm? You: Well, there's none, but their dogs are really loud and the husband is a drunk.)

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I was joking when I asked if "I was being selfish." Of course I am not. This is not an easement situation. There are two individual driveways that happen to border directly on top of each other. You can clearly see the property line down the middle of the pavement. Yes, it is simply a pull in/out situation. Bottom line: Its mine, not his. I want him off of it.

Stevef said:

The harm is the trespass.

The right to exclude is a fundamental property right. If you don't want someone there, your right to exclude them is absolute.

One successful tactic is to grant them a revocable license for a fee, and state that their method of acceptance of the contract is their continued use of the property.

You would probably need an attorney to write up an enforceable agreement.

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"The harm is the trespass" - I like that you were able to see that. I only wish that the police in my city would recognize that as well. So, I really appreciate your advice and will look into your suggestions and find out more through an attorney if this is affordable to me at this time. Wonderful feedback!!

csi7 said:

You can check with the agencies that work with people with disabilities in your area for help with insulating the wall of the house to include the window(s) on that side of the house to help your medical condition. The agency may be able to help you find a solution for the driveway due to your disability.

Animal control will check to see if their animal is under their control when out in the front yard. You would have to submit the request to animal control.

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I loved that you paid attention to the fact that I am disabled! I will indeed check with agencies to see what can be done, if anything, that may be helpful with soundproofing or perhaps more. I have been in contact with animal control before, and they have stated that as long as the dog is within "reach" of the owner, she is fine. Funny thing is, the dog is a relatively good dog for being a Katrina rescue dog - the owners do not spend any time with her. When she sees me out - she runs to me... she knows a good thing when she sees it! LOL!! The dog is never in the front yard - it is the back yards, and only a couple of small patches now, where the properties connect. It is mostly a clean-up issue. The owners are too lazy to walk the dog to their own backyard because of a huge garage and patio, so, they just open the door and the dog comes straight out to my property and does her thing there. It leaves urine burn marks on my grass. Again, I ask - where is the common courtesy in the world???

Good fences...

Many lawyers will give you a free initial consultation.

Before you embark on an expensive legal pursuit, you might want to get bids on erecting a fence which will exclude the dog and divide the driveway. Then, compare the price of a fence compared to projected cost of pursuing a legal remedy.

A fence might well be less expensive than the legal fees (and with likely better results in keeping the neighbors from using your driveway and the dog from using your back yard).

As the poet said, "Good fences make good neighbors".