Legal Question in Civil Litigation in New York
neighbor dispute
my neighbor has egress/ingress over my property and claims he can pave my gravel driveway without permission. Is he right?
Asked on 2/18/08, 7:19 pm
1 Answer from Attorneys
Phroska L. McAlister
PHROSKA LEAKE McALISTER
Re: neighbor dispute
A neighbor ordinarily cannot impose costs and expenses upon a property owner unless the deed/s or other document indicates that the property owner has an obligation to maintain AND IMPROVE the driveway. And, the property owner's failure to maintain or improve has created a hazardous condition; or is a breach of the property owner's obligation.
Suggest that you negotiate settlement of your dispute. Unless, one of you is moving, unless this matter is handled amicably, it can be a big mess for both of you for a long time.
Good luck,
Answered on 2/18/08, 7:54 pm