Legal Question in Real Estate Law in New York

Neighbor Parks Car On Property For Ingress/Egress

I recently bought my house 2 months ago and there is a narrow driveway that allows each of us to access our backyard. My problem with him is that he,his wife & tenant park their cars on the driveway that lies between our properties. I started with subtle suggestions he would ignore me and continue to do it. I got more stern and told him blankly not to do it.I consulted with my lawyer who researched my neighbor's deed and under the terms,his easement allowed ingress/ egress to and from the rear of his house. The easement did NOT allow him to park his car on it. I put this in writing and asked him to consider this letter as a cease/desist order. I also mentioned that failure to comply would have me seek further legal action against him. WHen I next met him while in my backyard, he acknowledged receipt of my letter. He got very verbally abusive and he said that I ''started it'' now and I would regret it. He claims that he had been parking on that spot for 32 years and that since I started it, he'd start by saying that my fence was illegal and I should remove it right away and that my friend's car which is parked in front of my house gets close to the pavement, so I should remove the car as well. I have a fence on my property, stretchin


Asked on 8/23/04, 5:17 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Neighbor Parks Car On Property For Ingress/Egress

First, start from scratch.

You should consider how You presented, when you "the newby" immediately started trying to change things before getting the lay of the land or establishing a relationship with your neighbors. Issuing "hints" and then demands, within essentially moments of your arrival, about how things should be, now that you own the land, could be, and apparently was, considered out of line.

So,...back up and apoligize. Then find out how things are done around your neighborhood. And, find out from your neighbor, how access to your back yard property will be and has been accomplished in the past.

Then You and your lawyer should carefully review your title report, deed, survey and reading carefully, to determine whether your fences and other items referenced, make you vulnerable to your neighbor's complaints.

It may be the prior owner of your home conceded the driveway for the fence or such other item or arrangement that is not recorded. Be open to the possiblities and compromise.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 8/25/04, 2:41 pm
Kevin Connolly Kevin J. Connolly

Re: Neighbor Parks Car On Property For Ingress/Egress

Your post was incomplete, but you have a lawsuit. The neighbor, assuming you have provided all the relevant information, is a trespasser. You can sue him. It will be very expensive. Since you already have an attorney, I have to presume he told you this too. Hence I would say I don't really understand the question unless you're hoping that the Fairy Lawmother will arrive and make it all better. Not going to happen. But you have my sympathy. Sincerely. I realize this response is a little snarky, but you're in a smelly place and it's going to be godawful expensive to fix it. Not much more I can say.

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Answered on 8/23/04, 5:40 pm


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