How to unshare a shared driveway

[woodyga]

What is the name of your state? Missouri , Jackson 63755

My wife bought some rental property 2 years ago. Our plate shows a shared driveway with the neighbor. The drive way is 100% on our property. The neighbor has a driveway and garage on the other side of their property. The neighbor also just purchased their home a few weeks before my wife bought her property if that matters. Due to friction between the neighbor and our renters is there any way to unshare our driveway and put up a good fence between the property. Thanks in advance for your advice.
Woody,

 

[Ozark_Sophist]

Does your neighbor have an easement? Is the driveway addressed on the deed? What is the nature of your street (city/county/state)? When were the respective properties developed?

Regardless, for practical purposes, the only way to unshare the driveway you describe is offer the neighbor enough money. And this still may not be possible due to restrictions, covenents, or other governmental planning concerns.

 

[seniorjudge]

Our plate shows a shared driveway with the neighbor.

What (exactly) does the plat show?

How old is the plat?

Did the person who platted the subdivision show on the plat that the driveway was supposed to be shared?

Do you mean an actual plat recorded in the recorder's office in the county seat OR do you mean a survey done by a local surveyor?

 

[woodyga]

Ok info you requested

The plat we have is from a local surveyor that the bank hired when we bought the property. The property was developed over 40 years ago. At one time a single owner owned both properties. They lived in one home and there mother in law in the other property, I assume that is when they driveway started to be shared. Our deed does not mention anything about a shared driveway or easement. The properties stayed with those families until 2 years ago when we and the neighbor purchased our properties from them.

thanks for the quick reply
Woody

 

[Ozark_Sophist]

Our deed does not mention anything about a shared driveway or easement.

What does their deed say?

Regardless, you are going to be stuck with it unless you pony up alot for a lawyer to duke it out in court or pay the other party. You can search Missouri appellete and supreme court decisions for a clue as to how successful legal action would be.

 

[seniorjudge]

The plat we have is from a local surveyor that the bank hired when we bought the property. The property was developed over 40 years ago. At one time a single owner owned both properties. They lived in one home and there mother in law in the other property, I assume that is when they driveway started to be shared. Our deed does not mention anything about a shared driveway or easement. The properties stayed with those families until 2 years ago when we and the neighbor purchased our properties from them.

thanks for the quick reply
Woody

This merits a visit with a lawyer.

FIRST, however, get a title search from one of the local title companies (there's one on Greenway that I have heard about). Your lawyer will need that title search.

Since the property on both sides was held by the same person (or persons) and split up just two years ago, then there MAY be a chance that since your deed and the neighbor's deed did not specify an easement, then there is not an easement.

But the title search is really necessary.

 

[woodyga]

Update, More info On deeds

Spent the morning at the court house. With a little help from a lady from a title company. I was able to get copies of my warranty deed and also the neighbors deeds going back several owners on both properties. There is no mention of an easement or shared driveway on any of the documents. Looked at the original Subdivision plat, no help it just shows originally3 houses being one big lot our house being in the middle. Got an aerial map of the properties from the mapping and appraisal office still no reference to a easement or shared driveway. From all indications and of the opinion of the title person there is no legal documented easement.
So it looks like the neighbor has no legal right to use our driveway to get to their backyard.
We would like to approach this civilly if we can. Although I dont think that is going to happen. What approach would you recommend try to be nice or just let our attorney do the talking. We havent retained one yet.
I thought about just talking to them and let them know what I have found out about the properties and inform them that they should stop using our driveway and give them 2 weeks to produce some type of legal document that states they have an easement otherwise we plan to install a fence down the property line.
Thanks Woody,

 

[seniorjudge]

Honey draws more flies than vinegar.

 

[woodyga]

So Judge your advice is

So Judge is your advice is to let my attorney make the first contact? From your handle you wouldnt be trying to send some business toward some of your buds would you. Actually I have a call in to my attorney, he just hasn't returned my call yet. I was hoping to not let this get to expensive.

Woody,

 

[seniorjudge]

To the contrary....

Be nice to the neighbor and have a neighborly chat.

If that doesn't work, see your lawyer.

 

[woodyga]

Thanks Judge

Thanks Judge. I will try that approach first and hope it works. But in the past the neighbor has been uncivil several times. And I pretty sure that this is really gonna piss em off. Wish Me Luck. I will let you know how it turns out.

Woody,

 

[seniorjudge]

Woody, start off by saying, "I have a problem and I wonder if you would help me solve it."

They may tell you to buzz off, but the "aw-shucks" approach often works wonders; it disarms them.

 

[woodyga]

Update for seniorjudge

Hey Judge,
I took your advice (honey) and talked to the other homeowner this afternoon. I used the "I have a problem and I wonder if you would help me solve it." approach. It was a little hostile at first but it lightened up fast. The property owners parents were also there when I went to presented my findings to them. The Father was loud and shouting. I said to him " Sir please treat me with the same courtesy and respect that you would like me to treat you ". With a blank look on his face he then lowered his voice started being civil . Catching someone off guard really works and its so easy. Anyway this worked out great because they had their property resurveyed this same day, so the property line was clearly visible to them. I ask them if 2 weeks was enough time for them to do research to find a legal document stating and describing the easement/shared driveway. And that if they couldn't produce a document that I planned to put up a fence.
They tried to say that a real estate listing of their property when they purchased it states a "shared driveway" with no description and that was their proof. I replied that it was not legally binding document . I said that could mean that you have to share your driveway on the other side of your property with the other adjacent owner, and at the end of that paper "listing" it states that this information is accurate to the best of my knowledge. You should have seen the raised eyebrows. (priceless). I told them that the only acceptable proof was a legal document recorded at the courthouse stating and easement/right of way/shared driveway. Today I will call the surveyor they used and inquire to see if he found any documents about an easement.
They (parents) said they would have they attorney contact me. Although I seems to be going good now, they seem pretty sure in thinking they are right. I am hoping that when/if they cant produce a legal document, that continue to be as civil as they were yesterday afternoon.
Sorry to be so long winded. But as I have read/posted advice in other forums in the past you usually dont find out how your advice to someone turned out. So this is why im posting a recap of what is happening with the advice that Ive been given to let everyone know how its going.

The phone just rang while I was typing this and it was the surveyor calling me back. He informed me that he also could not find any easement/right of way/ shared driveway documentation and that his report to the homeowner would reflect that data. By the way this homeowners father asked me if I would believe the surveyor. I said "if he can provide proof that a document exist, I would". It looks like in on the right track here.
P.S. is their any specific questions that I need to address with my attorney about this issue?
Judge, once again thanks you for your advice. Very much appreciated.



Woody,

 

[seniorjudge]

Sounds like you have everything well under control.

I've never seen anything settled with a shouting match.

 

[woodyga]

Judge just curious

Judge just curious where is St. Odo of Cluny Parish

Your not in Rome are you?

I was born and raised in Iberia Parish is that anywhere close?

Woody