Legal Question in Real Estate Law in New York

Common land between neighbors

I live in a private house. We have a common driveway to share with our next door neighbors. The driveway consists of 5 parts: strip of cement, strip of grass, strip of cement, strip of grass, and strip of cement. The middle strip of cement is common property, with the other strips belonging to the neighbor on the side that they are on. Our neighbors consistently drive their vehicles over our strip of grass and cause damage to the grass and a buildup of mud. Is there any law that can protect us and our land against our inconsiderate neighbors? I can not belive that what they are doing is legal. Is there any recourse that we can take? Thank you in advance for any help that you can provide.


Asked on 1/03/06, 8:18 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Common land between neighbors

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Although the land your neighbor is driving on may belong to you, you need to check your deed to see if your neighbor has an easement to drive across your property.

If so, you may want to consider paving the grassy area.

If not, you may want to put up a low fence to deliniate the grassy area.

Have you spoken to your neighbor?

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Answered on 1/04/06, 7:16 am


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