Right of way driveway

[homeinworcester]

I recently purchased an apartment house which shares a driveway with the neighboring house. It is in the deed that it is a right of way driveway. One of the neighboring tenants does not understand this and constantly parks in the driveway so that she blocks us from entering and exiting. I have repeatedly asked her to move her car and have told her that she cannot block access to the driveway. I have even spoken with the owner of the house who has also informed the tenant that she cannot block the driveway. We've even threatened to have the car towed. However, nothing seems to work with her. Instead she continues to park as she pleases and screams and hollers at us if we ask her to move or not park there. I am at a loss as to what to do next. What more can I do?

 

[HomeGuru]

Send a certified letter to the owner and the tenant stating that the next time the vehicle is parked in the location blocking your ingress/egress, you will have it towed away.

 

[LisaS]

HomeGuru is telling you to do something illegal. You cannot have a car towed off property that is not yours...that is illegal and you would end up having to pay for her car to be removed from impound. My suggestion would be to inform the landlord both by phone and letter (keep a copy of the letter for your records) that the next time she parks there she needs to be towed. The landlord needs to also send her a letter informing her of this as well. And if after she receives the letter she still continues to park there call your landlord immediately and have her vehicle towed. This is the safe and legal way of doing it.

 

[TimC]

If you read the initial post for comprehension, it states that HE IS the landlord of one of the properties in question. Since he has right of way protection on that driveway, he most certainly can have the car removed.

Another option is simply calling the police and having them issue a citation for blocking a right of way.

 

[LisaS]

I apologize, I did misread the original statement, but even still legally he has to issue a letter of warning before having the car towed. You are right on the police..he can have them called to issue a citation.

 

[TimC]

I figure the ticket is the cheapest way out for the car owner, but will probably be sufficient to drive your point home!

 

[HomeGuru]

I apologize, I did misread the original statement, but even still legally he has to issue a letter of warning before having the car towed. You are right on the police..he can have them called to issue a citation.

LisaS,
you are entitled to your opinion but please make sure that you know what you are talking about before responding. Otherwise the writer and readers will have a false sense. You have used the terms "legal way" and legally" when you do not know what the State laws are. Each post is State specifc so you should have knowledge of the laws is that particular writer's State in order to provide an accurate response.

With respect to this post, there is no law that states that you must first give the owner/operator of the vehicle a warning letter before towing said vehicle away. If a car was blocking my driveway or right of way, I can have the car towed with no warning letter. Furthermore if the driveway or right of way is not ajacent to a government owned road, the police do not give traffic citations for violations occuring on private property.

 

[LisaS]

police can give citations on private property...a grocery store parking lot is considered private property and cars are cited and towed all the time for illegal use of parking spaces.

 

[TimC]

I just had a tenants car ticketed yesterday. They insisted on parking on the grass even though it is against the lease, and they had been warned. I stopped a police officer traveling down the street, and the car was ticketed within minutes.