Should the neighbor have to build his own driveway if I own it and put it in and he just uses it/?

Question

my home was built 22 years ago and was land locked other than a city right of way that the builder got permission to use as a driveway. In 2003 the property to the north of us had a mobile home put in and the new neighbors took it upon themselves to make a driveway off from our existing drive and the city has a ordinence that states that no two dwellings should share a driveway due to complications of how is suppose to maintain it. The neighbor says he got permission from the city but has no prof. Should the city make him build his own driveway because he is not landlocked and we do not want to share the drive because he has not helped maintain it and still uses it even when I payed for it to be plowed in the winter what should I do?

Should I seek a lawyer to get to the bottom of this or should the city council assist me? Should I just put a gate at the end of my drive and not allow them to use it?

Answer 1

Don't bother with the neighbor, if he is uncooperative.. Just deal with the city....

If you make friends with the guy from the city, he may take all the heat... and not mention your name...

Answer 2

US law is obviously very different to UK law on this matter. Here in the UK shared driveways are quite common, particularly in houses built in the 1930s, '40s and '50s. Usually there is an agreement in a form of a covenant on the properties specifying the rules for maintenance.

My suggestion is that you write a letter to your neighbour suggesting that he should contribute to the maintenance of the part of your driveway he uses on a 50/50 split. If he agrees you should ask him to pay the legal fees of drawing up a binding agreement. However, building a driveway off yours is something he couldn't do in the UK without your permission. Also, in the UK you now need planning permission (new rule this year) to build a drive.

Answer 3

Yes, he needs to build his own driveway. Go to the city and get them to stop him. They will force him to build his own driveway.

Answer 4

You need to get a lawyer to look at the deeds to your house. It sounds as if your neighbour is just chancing it so before you go putting up a gate or stopping him using the driveway make sure of your rights. What you don't want is to land in trouble with the police, council etc.  

Answer 5

I would contact the city first.. especially people on the zoning committee and talk to to them to see how everything should proceed. The city should have copies of the papers if he did indeed get permission.  

Answer 6

Simple: he is not land locked, he has to build his on drive way, it is the law. every where.

Answer 7

Talk to the guy first before you just go to feuding with your neighbor.

Remember you must live beside this guy! Use diplomacy!

Kings solve with wisdom. Where fools  blindly feel their way!