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.

[Jon Holdman]

That's really tough to follow. A sketch of the situation would help. I think you're saying your property (property one) and the one next to it (property two) share a drive. The one behind yours (property three), which faces to the next street over, backs to the driveway, so the tenants of this third property can use your drive to get to their property. And they do, creating problems for your tenants.

Your deed should cover what, if any easements exist. If there's an easement, giving them access, they have the legal right to use it. If not, they do not, with a caveat below. Read the deed and see what it says. It should also address the sharing with property two.

In our area, you would not have to do a survey to establish the boundary lines. Only an ILC - Improvement Location Certificate. Cheaper, and based on looking at existing information, like any fences or other indicators of boundaries.

Then, build a fence a blocks off access to property three. If there's no legal easement to three from one and two, there's nothing to prevent you, with the owner of two, from putting up a fence at the back of your property. Problem solved. Shouldn't require any legal work. Might require a survey or at least an ILC, and likely will require a permit.

You could probably get away with a very simple fence. You've probably seen dividers in commercial properties were they drive a large (6" or so) pipe in the ground, cut holes near the top, and run a chain through it. Might be cheaper than a wood or chain link fence.

The caveat on ownership is adverse possession. That statues says if someone uses someone else' property for some number of years, they can make a legitimate claim of ownership. The use has to be obvious, which it appears it is in this case, and the use has to have been happening for many years (10 or more, though the details are dependent on your local laws). So, if this has been going on for many, many years, the owner of three may in fact have a legitimate claim to use the driveway. If this seems like it might be the situation, you MUST take action to stop the use. If you're aware, and don't do anything to stop it, you're playing into the owner of three's hands.