Shared Driveway Issue

[Tom C]

Here is my problem. I own a duplex and it shares a driveway with the house next door. That’s not a problem, but the duplex behind mine, seems to think they can use my drive too. They use the back entrance of their apartments. They have their own drive, which is on a main highway, and less convenient, so the tenants and their friends use my drive.

The first complaint I received from my tenants was because the other tenant’s friends were speeding through the drive and causing a safety concern with the kids in the area.

So, I contact the landlord of the other duplex and he claims that it is a “community drive†and when he owned my duplex, he was told that there was nothing he could do to stop other tenants from using it. He also made clear that he was not his tenants “father†but he would “express my concern†to her.

So I went over and asked them to stop using my drive, they claim their landlord said it was OK. I told them that they are trespassing and I needed it to stop. They agreed and everything has been ok for the past few weeks.

I get a call last night from my tenant and apparently they are using the drive again and their friends are even parking in my tenants’ area. Before you say to put up a fence, there is no way to do this, because the house next to me still has to use the driveway.

I don’t want to have to put out the money for a survey and a bunch of legal work to get this Slumlord to comply. What is the best course of action to take here? I need some out of the box ideas.

I don’t understand how this drive could be considered a “community driveway†when they have their own drive, but how do, I prove this? I usually settle issues like this with a 2x4, but in this case, the landlord is a local business owner and I am sure he has better lawyers then I do.