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Neighbors tell me MY driveway must be legally shared, this is not in my deed anywhere.

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KimiKiri

Member
What is the name of your state? Pennsylvania

I moved into my house a few years ago and my neighbors (two that I am sandwiched between) informed me that my driveway is legally shared with them per a "gentlemen's agreement" that is filed at the courthouse. They live a bit back in the woods and have/had their own driveways that they failed to keep up on. My house was abandoned for a few years so I guess they figured they could just use the driveway as no one lived in the house.

My one neighbor (A) finally had his own driveway put in last summer, but still insists that he can use mine when he wants to.

Things have been really getting out of hand recently.

Neighbor B parked some junk cars up against the back of my property effectively blocking me from accessing my boat this year. We had to have words over this before he finally moved them.

Neighbor B has a flock of 13 geese that are constantly on my property and leave a huge mess. Recently the mailman shouted at me because he could not deliver the mail. He could not seem to grasp the concept that the geese were not mine.

Neighbor B's wife yelled at my fiance for walking around in OUR woods because she was "too close" to their property and she claimed we were violating THEIR privacy. Which is funny considering the previous point.

Neighbor A called me because one of my rooster's went after his daughter (the bus stop is in front of my house of course). So I put down the bird no questions asked.

I have asked Neighbor A for permission to hunt his lands and he has told me no.

This summer I had to fix a few potholes and do some repair on MY driveway. Neither one of them seem to care one bit about the upkeep or the time and costs incurred in doing so.

The final straw was this weekend after a snowstorm...

Neighbor A had a package delivered and the postman could not get up the driveway so he left it with me. I placed it on my porch and texted my neighbor to let him know that a package was there for him. I then went to town for some last minute Christmas shopping. While I was in town my fiance opened their package by mistake. His girlfriend flipped out on her and threatened her with violence. When I called him about the situation he assured me that they do not "threaten" they take action.

Neighbor B got stuck on my driveway in his truck trying to carry a ton of wood pellets on a trailer. He fishtailed and almost lost his truck in my creek. He damaged my chicken coop fence and a pear tree I planted last summer in the process. He did not offer an apology or offer to fix/replaced anything.

Nowhere in my deed is it mentioned that anything is shared. All rights to the property ways, streets, alleys, driveways passages, waters and water courses are conferred to me as the sole owner.

What are my legal options? I do not want either of them using my property as they cannot seem to be even cordial with me. I am tired of just "believing" them that they have a right to use my driveway.

I feel that I am pushed up against a wall and being bullied into something that is not even legally enforceable.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Pennsylvania

I moved into my house a few years ago and my neighbors (two that I am sandwiched between) informed me that my driveway is legally shared with them per a "gentlemen's agreement" that is filed at the courthouse. They live a bit back in the woods and have/had their own driveways that they failed to keep up on. My house was abandoned for a few years so I guess they figured they could just use the driveway as no one lived in the house.

My one neighbor (A) finally had his own driveway put in last summer, but still insists that he can use mine when he wants to.

Things have been really getting out of hand recently.

Neighbor B parked some junk cars up against the back of my property effectively blocking me from accessing my boat this year. We had to have words over this before he finally moved them.

Neighbor B has a flock of 13 geese that are constantly on my property and leave a huge mess. Recently the mailman shouted at me because he could not deliver the mail. He could not seem to grasp the concept that the geese were not mine.

Neighbor B's wife yelled at my fiance for walking around in OUR woods because she was "too close" to their property and she claimed we were violating THEIR privacy. Which is funny considering the previous point.

Neighbor A called me because one of my rooster's went after his daughter (the bus stop is in front of my house of course). So I put down the bird no questions asked.

I have asked Neighbor A for permission to hunt his lands and he has told me no.

This summer I had to fix a few potholes and do some repair on MY driveway. Neither one of them seem to care one bit about the upkeep or the time and costs incurred in doing so.

The final straw was this weekend after a snowstorm...

Neighbor A had a package delivered and the postman could not get up the driveway so he left it with me. I placed it on my porch and texted my neighbor to let him know that a package was there for him. I then went to town for some last minute Christmas shopping. While I was in town my fiance opened their package by mistake. His girlfriend flipped out on her and threatened her with violence. When I called him about the situation he assured me that they do not "threaten" they take action.

Neighbor B got stuck on my driveway in his truck trying to carry a ton of wood pellets on a trailer. He fishtailed and almost lost his truck in my creek. He damaged my chicken coop fence and a pear tree I planted last summer in the process. He did not offer an apology or offer to fix/replaced anything.

Nowhere in my deed is it mentioned that anything is shared. All rights to the property ways, streets, alleys, driveways passages, waters and water courses are conferred to me as the sole owner.

What are my legal options? I do not want either of them using my property as they cannot seem to be even cordial with me. I am tired of just "believing" them that they have a right to use my driveway.

I feel that I am pushed up against a wall and being bullied into something that is not even legally enforceable.
Good fences make great neighbors...
(Put up a gate.)
 

KimiKiri

Member
Good fences make great neighbors...
(Put up a gate.)
They told me that the family that lived here prior did put up a gate at the driveway and they got lawyers involved and then they had to take it down. Again I am not sure if they are lying to me or if there is something legally binding about this. I need guidance as to what steps to take to legally solve this once and for all.

They also told me that the person that lived here prior pulled a gun on Neighbor B.

Again, not sure if true but I am starting to realize why...
 

not2cleverRed

Obvious Observer
They told me that the family that lived here prior did put up a gate at the driveway and they got lawyers involved and then they had to take it down. Again I am not sure if they are lying to me or if there is something legally binding about this. I need guidance as to what steps to take to legally solve this once and for all.

They also told me that the person that lived here prior pulled a gun on Neighbor B.

Again, not sure if true but I am starting to realize why...
Then that is step 1: find out if there ease, legally, any validity to their claim to having an easement.

If there is an easement. you still have some rights.

If there is no legal easement then get a lawyer to write a letter informing them that there is no easement on file, and as a coutesy you are informing them that they no longer have permission to use your driveway. Then proceed to erect fences and gates.

You have made mistakes dealing with these people. They don't seem to be nice neighbors, so just be civil with them and do not engage.

1) When someone damages your property, you are entitled to expect to be "made whole". You should have got an estimate of the materials needed for repairs (I'm assuming you built your own run) and replacement tree (if it doesn't recover), asked to be reimbursed, and taken them to small claims when they didn't.

2) When someone makes verbal threats, do not engage. Do make a police report (to show a pattern). If it is believed that the threats may be promises, not just noise, do not engage; call 911.

3) Check you local laws on fowl. If they are required to keep their geese on their property, then make a complaint to code enforcement. Or whoever handles that in your neck of the woods.

4) If you don't already have them, get a surveyor and invest in some survey monuments. Keep track of where they are and post keep out signs. You are allowed to wander wherever you want on YOUR property. Neighbors having a problem with that should fence in their property so they don't have to see you. Neighbors who go ballistic at the sight of members/guests of your household being present on YOUR property are disturbing the peace. Call 911 on the mouth-foamers.

5) DO NOT ACCEPT PACKAGES FOR THEM EVER AGAIN. Report a mis-delivery if something is left on your porch, or leave it at the entry to their property. But do NOT accept mail/packages on their behalf.

This is just a start...
 

FlyingRon

Senior Member
Note that easements like this are not usually listed on "your deed." Title to property is not reflected in a single document, but all deeds and related documents over history. If there is such an agreement recorded, then you are obliged to follow it. You need to have someone competent do a records search to find out if one has indeed exists.
 

not2cleverRed

Obvious Observer
Note that easements like this are not usually listed on "your deed." Title to property is not reflected in a single document, but all deeds and related documents over history. If there is such an agreement recorded, then you are obliged to follow it. You need to have someone competent do a records search to find out if one has indeed exists.
And even if there is an agreement recorded, there are limitations on both parties.

OP needs to determine the nature of the agreement, if one is recorded, and permit only the allowable usage. Be polite, be civil, but easements are usually limited to specific areas.
 

Eekamouse

Senior Member
They told me that the family that lived here prior did put up a gate at the driveway and they got lawyers involved and then they had to take it down. Again I am not sure if they are lying to me or if there is something legally binding about this. I need guidance as to what steps to take to legally solve this once and for all.

They also told me that the person that lived here prior pulled a gun on Neighbor B.

Again, not sure if true but I am starting to realize why...
Have you tried contacting the former owner and getting the skinny from him in regards to the driveway? It would not surprise me in the least to find out that these neighbors are completely bullsheeting you.
 

KimiKiri

Member
And even if there is an agreement recorded, there are limitations on both parties.

OP needs to determine the nature of the agreement, if one is recorded, and permit only the allowable usage. Be polite, be civil, but easements are usually limited to specific areas.
Thank you both. I will be making a trip to the Courthouse very soon to determine what the specifics (if any) are. I also remember neighbor B complaining to me earlier this year that my driveway was not exactly the 10 foot required (I had some masonry bricks to the side of my curb for a project I was working on).

If the 10' is specifically in the agreement can I make a fence on both sides of my driveway that is exactly 10' apart?

Also neighbor A has determined he wants to upgrade the trailer he lives in with a modular home. Would I be required to let the heavy machinery required for this go through my driveway when he just had his own built?

Sorry, but I am in nuclear mode right now...
 

KimiKiri

Member
Have you tried contacting the former owner and getting the skinny from him in regards to the driveway? It would not surprise me in the least to find out that these neighbors are completely bullsheeting you.
From what I understand the house had a couple living in it that got into a horrible motorcycle accident and then right after a tree smashed the roof of the house so they ended up foreclosing on the property. It remained abandoned for several years until a real estate flipper bought it renovated it, repaired the damage and sold it to me.
 

not2cleverRed

Obvious Observer
Thank you both. I will be making a trip to the Courthouse very soon to determine what the specifics (if any) are. I also remember neighbor B complaining to me earlier this year that my driveway was not exactly the 10 foot required (I had some masonry bricks to the side of my curb for a project I was working on).

If the 10' is specifically in the agreement can I make a fence on both sides of my driveway that is exactly 10' apart?

Also neighbor A has determined he wants to upgrade the trailer he lives in with a modular home. Would I be required to let the heavy machinery required for this go through my driveway when he just had his own built?

Sorry, but I am in nuclear mode right now...
Neighbor A may find that there are a lot of things he will have to do (permits, etc.) in order to achieve this upgrade.

Neighbor A's new driveway should be preferred by the big trucks. :)
 

KimiKiri

Member
Neighbor A may find that there are a lot of things he will have to do (permits, etc.) in order to achieve this upgrade.

Neighbor A's new driveway should be preferred by the big trucks. :)
Please do not get me started... He is living on land that his parents own and it is in the PA "Green and clear" program. He constantly taunts me that I own ONE acre and he is on 17 ACRES of his parents property. This is why I want/need to quiet this dispute.
 

KimiKiri

Member
Neighbor A may find that there are a lot of things he will have to do (permits, etc.) in order to achieve this upgrade.

Neighbor A's new driveway should be preferred by the big trucks. :)
Can Neighbor A or B sue me for erecting a corridor wall along my driveway that is in accordance with the easement (if such a document exists?)
 

bcr229

Active Member
Can Neighbor A or B sue me for erecting a corridor wall along my driveway that is in accordance with the easement (if such a document exists?)
Anyone can sue anyone for anything. Winning is another story.

Before erecting any sort of wall or structure near the easement I would get a survey done to determine exactly where it is, assuming it exists.
 

FarmerJ

Senior Member
Lastly if you had title insurance perhaps you should contact them. And if you didnt perhaps they can do the search for you only to look for recorded easements then take the result to a Attorney for even more detailed advice. IF there is not a recorded easement and your attorney tells you its okay to , get your driveway gated then the Attorney can do the letters to them for you that tells them that recorded easements were not found and that they do not have your consent to use your land, get a survey done and then fencing in the rest of it. ( see what your local govts set back rules for fencing are. and if there are none then make sure the fence is for to six inches into your side of the lot line
 
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