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Neighbor Parking His Car on walkway for Ingress/egress

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E

ezedebe

Guest
What is the name of your state?What is the name of your state? New York

I recently bought my house 2 months ago and my neighbor was initially nice. Between his house and mine, there is a narrow driveway that allows each of us to access our backyard.

My problem with him however is that he continues to park his car on the driveway that lies between his property and mine. I started with subtle suggestions that it inconvenienced me as it totally blocked access to my driveway. He would ignore me and continue to do it. His wife, tenant (uncle who lives in the basement) continued to do this along with his guests.

So I got more stern and told him blankly that he was not supposed to do that anymore. I consulted with my lawyer who I used for my purchase of the home. He researched my neighbor's deed and under the terms, his easement enabled him to pass over my driveway for the purpose of ingress/egress to and from the rear of his house. The easement did NOT allow him to park his car on it. I put this in writing and asked him to consider this letter as a cease/desist order. I also mentioned that failure to comply would have me seek further legal action against him.

WHen I next met him while in my backyard, he acknowledged receipt of my letter. He got very verbally abusive and he said that I "started it" now and I would regret it. He claims that he had been parking on that spot for 32 years and that since I started it, he'd start by saying that my fence was illegal and I should remove it right away and that my friend's car which is parked in front of my house gets close to the pavement, so I should remove the car as well. I have a fence on my property, stretching from the garage towards the deck. It is built 100% on my property and is within the 6 feet city limit allowed. That night he still parked his car in that spot, and each time he parked into the spot, he made a ruccus of a noise with his car, as if to inform me that he was parking there anyway.

My neighborhood has more than enough street parking. I informed my lawyer, but he tells me that he is NOT a litigation lawyer and this is the extent to which he is ready to consult on the situation. I do not want to put up with this, because it totally blocks access to my garage, which I use as storage. Sometimes, I need to move furniture and other items in and out of the place.

What would you advise? If the litigation lawyer is the route to go with, are there any lawyers that you recommend? How much would I expect to spend? I have barely adjusted to the huge mortgage bills, and could do without another bill. All I want is peace and quiet, but my neighbor’s actions are leaving me quite miserable. He is clearly a bully who got away doing this to the previous neighbor. I am not having it.

The cops won't intervene. They do not want to get involved in cases of private property. No private company will tow his car because they also do not want to get involved in private disputes. What should I do next?
 
Last edited:


HomeGuru

Senior Member
ezedebe said:
What is the name of your state?What is the name of your state? New York

I recently bought my house 2 months ago and my neighbor was initially nice. Between his house and mine, there is a narrow driveway that allows each of us to access our backyard.

My problem with him however is that he continues to park his car on the driveway that lies between his property and mine. I started with subtle suggestions that it inconvenienced me as it totally blocked access to my driveway. He would ignore me and continue to do it. His wife, tenant (uncle who lives in the basement) continued to do this along with his guests.

So I got more stern and told him blankly that he was not supposed to do that anymore. I consulted with my lawyer who I used for my purchase of the home. He researched my neighbor's deed and under the terms, his easement enabled him to pass over my driveway for the purpose of ingress/egress to and from the rear of his house. The easement did NOT allow him to park his car on it. I put this in writing and asked him to consider this letter as a cease/desist order. I also mentioned that failure to comply would have me seek further legal action against him.

WHen I next met him while in my backyard, he acknowledged receipt of my letter. He got very verbally abusive and he said that I "started it" now and I would regret it. He claims that he had been parking on that spot for 32 years and that since I started it, he'd start by saying that my fence was illegal and I should remove it right away and that my friend's car which is parked in front of my house gets close to the pavement, so I should remove the car as well. I have a fence on my property, stretching from the garage towards the deck. It is built 100% on my property and is within the 6 feet city limit allowed. That night he still parked his car in that spot, and each time he parked into the spot, he made a ruccus of a noise with his car, as if to inform me that he was parking there anyway.

My neighborhood has more than enough street parking. I informed my lawyer, but he tells me that he is NOT a litigation lawyer and this is the extent to which he is ready to consult on the situation. I do not want to put up with this, because it totally blocks access to my garage, which I use as storage. Sometimes, I need to move furniture and other items in and out of the place.

What would you advise? If the litigation lawyer is the route to go with, are there any lawyers that you recommend? How much would I expect to spend? I have barely adjusted to the huge mortgage bills, and could do without another bill. All I want is peace and quiet, but my neighbor’s actions are leaving me quite miserable. He is clearly a bully who got away doing this to the previous neighbor. I am not having it.

The cops won't intervene. They do not want to get involved in cases of private property. No private company will tow his car because they also do not want to get involved in private disputes. What should I do next?
**A: the next step would be to mediate, arbitrate or litigate.
 

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