Legal Question in Real Estate Law in New York

We have a shared driveway with our neighbors. The driveway fits 3 cars lined up behind each other. We have never had 1 problem with the previous owners next door but since they sold 5 years ago the nee neighbor has been a nightmare. Aside from Parking behind us at night after we have REPEATEDLY asked for them not to for we leave the house for work at 5am. Every single night for 5 years we have to call them LATE and ask to switch (they have NEVER done it themselves). Once the jerk's car wouldn't start and he left it there and took a cab to work BLOCKING ME IN and I was hours late for work (I called a tow truck to remove him from the driveway). Now the issue is he has a Broken down suv with flat tires, not registered and leaking oil that he has in there for a year. We have asked repeatedly for him to remove it but it's always "I'm working on getting it out". Because of this frigging thing, we had not surfaced the driveway this fall as we do EVERY YEAR....Well guess what, this was the most brutal Winter we have encountered and our driveway in now CRACKED beyond simple repaid and is rising up. What in the law's name can I do about this guy. I am POSITIVE he will not pay for half the repair cost of the driveway and I want this SUV gone......A year is more than enough time and I just cant take his unneighborly way anymore. Can we "buy" the driveway and make him park on the street?? PLEASE HELP it is unbearable!!


Asked on 3/16/14, 9:16 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

We have to look at the paperwork. It all depends on whether is one easement, a mutual easement, or a hot mess. Please feel free to contact me to provide the addresses of both parcels and I'll see what I can see from the real estate records. It may be expensive but the law probably has a remedy for you: equity and the law suffereth not a wrong without a remedy.

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Answered on 3/16/14, 9:39 am


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