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.

[Tom C]

Thanks Jon.. Here is the image, hope it works.
My duplex is 39, the duplex causing the issues is 42 and I share the drive with 40.

If you can't see this, then you can view it in my pictures under the duplex gallery. I will look over the deed again and see if I can find anything on it.

Thanks

[Tom C]

Well Jon.. Here is what the deed says.

1. lot No.: 39 in George P. Hunters Second Addition Replat PPN: 39-252900 Driveway Easement, dated Dec 21, 1998, received for record January 26, 1999 at 15:20 PM and recorded in Offical Record Volume 1335, Page 164 of xxxx country records.

2. Plat Notes Volume 48, Page 37

- Shows Common driveway in regards to caption premise.

OK.. This tells me we have a common driveway, but I knew that we did with the neighbor in plat 40. I almost looks like I am going to have to take a trip to the court house and look up what exactly Volume 48 Page 37 states. Correct?

[Marc Freislinger]

And a link, because that picture is hard to see:

http://www.biggerpockets.com/photos/show/93967

[Tom C]

Hey thanks Marc. You would think being a software developer, I'd be able to figure this stuff out on my own.. :)

[Jon Holdman]

I'm a software (and hardware) guy, too, but this stuff usually takes me several attempts, too. Now, if you want to know about SCSI mode pages, and I can help.

Anyway.

I think a fence is in order. You may have to get the owner of 40 to put up a fence on their short side, too.

The referenced page might be interesting. It might be online, or you might be able to have the recorder mail it to you.

Unless there's something in the deed that gives access, these people are trespassing. Unfortunately, it will be ugly for your tenants to have to deal with that. And may be tough to prove. Any attempt to deal with this is going to make the people in 42 even worse neighbors.

[Jon Holdman]

Another thought would be to make your driveway less attractive to these tresspassers. Speed bumps. A strategically located post or two. If there's a specific spot they have to pass through to get to their property, a one foot high concrete block wall might thwart them.

[Tom C]

Jon, You maybe on to something even better. Instead of putting a fence up, may, a few wooden fence posts in just the right area's. Any idea what an ILC normally cost. I believe I would have to at least get one of those before putting anything in.

[Jon Holdman]

Something like $150 IIRC.

Another thought is to put a locked chain or gate across the drive. Give keys to just your tenants and the ones in the place next door. Inconvenient for them, but they're the ones being disturbed.

[Tom C]

Great advice Jon.. I think I will rent a 6" auger and place some wood poles where a fence should be. As long as they are at least 3' out of the ground, this should be plenty of viewable area for people coming in. I will have to contact the landlord next door and see if I can put them on his property also, otherwise, it's not going to be fesiable.

I am also going to contact the County Recorders office and see if they will send me the records. It will save having to take a day off work.

[Jim Wineinger]

I assume that you are in the back property, or house on 39. Maybe the "shared driveway" can go two ways and you can use their driveway to get to your property?

Just to show them what it feels like. This, of course, will be a last straw effort as it will likely make them even worse neighbors.

The other possible solution is to offer to "fix" their driveway for them as there is some reason that they want to use yours. What is the problem with their driveway and is it an easier fix than putting up a fence. But get a piece of paper signed that any and all supposed inference of right of passage is hereby cancelled by your fixing their driveway access.

[Tom C]

Jaw, I was actually over there last night and caught the one tenant mid stream while she was using my drive. She said that her muffler was ready to fall off and using my drive was much better, because their drive is on the main highway and is in pretty bad condition.

What this really comes down to is the fact that I am dealing with a 20 year landlord in my area who refuses to deal with his tenants or his properties.

Like I said normally he'd be talking to the willows and it, but he is a wll known business man in my area, I have to treat him with kid gloves as long as I want to operate in the not so nice area's of town.

I have to play but their rules as long as I am on their block. Good landlord who take care of their tenants and property and very far and few in this area.

[Just Don]

Its NOT going to stop till you and your neighbor build a 6' fence they cant drive or walk over around or thru