Community Driveway Question

[Jroc489]

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


My parents own a house with a community driveway and the next door neighbors had recently this year put in some new concrete to renovate their part of the driveway. Very shortly after, people (primarily relatives of neighbors and people who claim to live nearby) have been harassing my mother about damage to their cars and their undersides because of the concrete; to which I believe has been raised higher than it's original height by maybe an inch or so. Even with some asphalt put in to level it, it's not enough for some people, thus the complaints. Verbal so far and no litigation.

So long story short; my mother is afraid of being sued. Is this possible? She has no income and she lives together on a social security check my father gets. They can't afford to fix the driveway and I know she's not obligated to. I just fail to see why my family is getting harassed to get something fixed when they've been there for years and without complaint until just this past 2 months.

Thank you in advance for any replies; if I left anything out I'll put it in, I'm just stressed because she's stressed over this.

 

[LdiJ]

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


My parents own a house with a community driveway and the next door neighbors had recently this year put in some new concrete to renovate their part of the driveway. Very shortly after, people (primarily relatives of neighbors and people who claim to live nearby) have been harassing my mother about damage to their cars and their undersides because of the concrete; to which I believe has been raised higher than it's original height by maybe an inch or so. Even with some asphalt put in to level it, it's not enough for some people, thus the complaints. Verbal so far and no litigation.

So long story short; my mother is afraid of being sued. Is this possible? She has no income and she lives together on a social security check my father gets. They can't afford to fix the driveway and I know she's not obligated to. I just fail to see why my family is getting harassed to get something fixed when they've been there for years and without complaint until just this past 2 months.

Thank you in advance for any replies; if I left anything out I'll put it in, I'm just stressed because she's stressed over this.

The neighbors want your mother to renovate her half as well. Therefore they are using their family and friends to try to scare her into doing so.

 

[ShyCat]

I just fail to see why my family is getting harassed to get something fixed when they've been there for years and without complaint until just this past 2 months.

Because things deteriorate over the years and require maintenance and repair from time to time. Obviously, the neighbors believe NOW is the time for your parents to do their part.

 

[You Are Guilty]

They can't afford to fix the driveway and I know she's not obligated to.

This is the operative part. Is there is no deed restriction, easement, HOA or any other neighborhood oversight which "requires" certain maintenance, then there is nothing the neighbors can do so long as your parents' driveway is not a "nuisance" (eg, it still functions as a driveway and has not turned into, say, a swamp or sinkhole).

In NYC, oddly enough, the majority of party driveways are not governed by anything other than the Golden Rule, but upstate, it is much more likely that there is a formal, legal, restriction on maintenance and repair in existence. Be sure your folks don't fall into that second category and you should be fine.

 

[Jroc489]

This is the operative part. Is there is no deed restriction, easement, HOA or any other neighborhood oversight which "requires" certain maintenance, then there is nothing the neighbors can do so long as your parents' driveway is not a "nuisance" (eg, it still functions as a driveway and has not turned into, say, a swamp or sinkhole).

In NYC, oddly enough, the majority of party driveways are not governed by anything other than the Golden Rule, but upstate, it is much more likely that there is a formal, legal, restriction on maintenance and repair in existence. Be sure your folks don't fall into that second category and you should be fine.

I realize now that I didn't mention it's in nyc, brooklyn to be precise. But if there's a remote possibility that I'm required to renovate where would I look that up?

 

[You Are Guilty]

I'd start with every single piece of paper your parents received at the closing when they bought the property. If there was something legally requiring maintenance of a party driveway, it "should" be in there.

Barring that, you can try asking the crazy neighbors what document they have which makes them think your parents are responsible for doing anything specific to the driveway. (My guess is that they probably won't be able to produce any).

Good luck.

 

[Jroc489]

I'd start with every single piece of paper your parents received at the closing when they bought the property. If there was something legally requiring maintenance of a party driveway, it "should" be in there.

Barring that, you can try asking the crazy neighbors what document they have which makes them think your parents are responsible for doing anything specific to the driveway. (My guess is that they probably won't be able to produce any).

Good luck.

Thanks I'm going to get on that now. I'll update if need be but I'm hoping this all ends here.