shared driveway legalities

[misch]

I share a driveway with my neighbor - her child has taken to wheeling out a portable basketball hoop and playing in the driveway encouraging kids from the block to come play. In effect - I feel as though my home has been compromised and overrun with kids and the thumping of the basketball on my property. Is there a law in New York City that prohibits the use of driveways - sghared or not - from this kind of activity. I feel as though I should have a legal voice as to whether or not they can do this - but want to make sure before I bring it up.

[This message has been edited by misch (edited April 20, 2000).]

 

[Tracey]

Well Misch, I don't know if there are any NY laws regarding shared driveways. Every time I go to the NY statutes web site, my computer locks up. grrrrrrr.

Is there a driveway agreement? Check the deeds for the houses to see if any were recorded. The agreement may limit noise or hours.

Absent a specific law or driveway agreement, I think you have to proceed under nuisance law. It's very hard to win a nuisance case. When are the kids playing ball? You won't be able to stop them during daylight hours. Do they block your section of the driveway? The unhappy fact is that the court is going to say, "You want that much quiet? Buy 5 acres."

Talk to the parents, explaining when you would like quiet and why. If they think your desires are reaasonable, they may restrict the neighborhood kids' days at the house. If they don't agree, you'll have to bribe them.

Sorry I couldn't find a statute for you,

Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.