Posted: 7/9/2014 2:21:21 PM EDT
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Hey everyone, I have a question:
I need to have basement wall replaced, which is stressful enough. My neighbors driveway encroaches 3' into my property and touches the wall to be replaced. I need to cut their driveway at, or just on my side of the property line. So far so good, the neighbors are cool with me cutting their driveway that is on my property to fix my wall. The conflict potentially lies with what happens then. The neighbor wants the drive way repaired with new concrete. I do not want to do that, I prefer other treatments. Perhaps decorative stones and pavers. Potential Ethical concerns aside: What rights do I have in NY? The driveway was this way when we both purchased our homes, if that matters. I also do not consider their driveway to be adversely possessing my property. Sorry no MS Paint. |
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Did you explain to your neighbor that his driveway is 3' into your property? Show them the approved most recent survey. If they are any kind of neighbor they should hopefully understand . By you agreeing to repair what you have removed from your own property is crazy your acknowledging that the property is theirs and that you are in agreement.
By the way ,since the driveway is very near to your house what kind of problems are you having structurally ? Edit: If the driveway is touching and your having structural issues, you have a design issue. (driveway) if anyone has had a renovation to the property and used that driveway for lumber delivery,over burden conditions from an excavation and lets say a fully loaded concert truck came in to drop 10 yd of concrete. That wall is begging to come down. That is one reason why there are set -backs to prevent such things from happening. I'm just saying |
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Seriously, if you have no problem with their use of your property just draw up a contract. Charge them rent to cover the cost of repairs that meet their needs if you so desire to allow it. You renting them the space shows you're not abandoning the claim to it and by them paying they acknowledge that you own it. Even if you don't want the money, some contracts put in a $1 rental just to ratify the contract and acknowledgements.
I am not made of money, I would be quite hesitant to pave a driveway for a neighbor's use on land I own unless I also use said driveway. Lots of camps are that way where I used to work. One guy owns the road on his deed and maintains, others may have ROW's on it. A good neighborhood kicks in to the guy who owns it and maintains it with gravelling and snow plowing. In other neighborhoods you have dysfunction junction and lawsuits. I think you'd be a sucker to fix your wall and pay to maintain their driveway that is on your land. You really would be better off to edge it at/near the property line and maintain the boundary so that you both have a clean sale down the road. (not a real estate attorney or any attorney) 
ETA- You may also be better off in putting in a drain pipe along your wall to keep water off it so you're not fixing the same problem down the road. That would be reason enough to install a border with gravel or something. Do you really want your neighbor scattering road salt in the driveway right against your block or cement foundation? |
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My fear is that you will say no and they will not let you on their driveway to do the work you need to perform. It's going to be tough digging to repair a foundation if you have to stand on 3". It's even harder to get a shovel in a 3" gap. Get where I'm going here?
I would go with what the previous poster said about the drainage channel to keep a gap for drainage as well as expansion of the concrete slabs they have for their driveway right next to your house. |
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Quoted:
Did you explain to your neighbor that his driveway is 3' into your property? Show them the approved most recent survey. If they are any kind of neighbor they should hopefully understand . By you agreeing to repair what you have removed from your own property is crazy your acknowledging that the property is theirs and that you are in agreement. Survey shown. Shits given = 0 By the way ,since the driveway is very near to your house what kind of problems are you having structurally ? Wall failure, lateral crack on first course. Had drain tile installed that disturbed concealed damage. Edit: If the driveway is touching and your having structural issues, you have a design issue. (driveway) if anyone has had a renovation to the property and used that driveway for lumber delivery,over burden conditions from an excavation and lets say a fully loaded concert truck came in to drop 10 yd of concrete. That wall is begging to come down. That is one reason why there are set -backs to prevent such things from happening. I'm just saying I agree. That is the basis or my concern in the future. |
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Quoted:
Seriously, if you have no problem with their use of your property just draw up a contract. Charge them rent to cover the cost of repairs that meet their needs if you so desire to allow it. You renting them the space shows you're not abandoning the claim to it and by them paying they acknowledge that you own it. Even if you don't want the money, some contracts put in a $1 rental just to ratify the contract and acknowledgements. I am not made of money, I would be quite hesitant to pave a driveway for a neighbor's use on land I own unless I also use said driveway. Lots of camps are that way where I used to work. One guy owns the road on his deed and maintains, others may have ROW's on it. A good neighborhood kicks in to the guy who owns it and maintains it with gravelling and snow plowing. In other neighborhoods you have dysfunction junction and lawsuits. I think you'd be a sucker to fix your wall and pay to maintain their driveway that is on your land. You really would be better off to edge it at/near the property line and maintain the boundary so that you both have a clean sale down the road. (not a real estate attorney or any attorney)
ETA- You may also be better off in putting in a drain pipe along your wall to keep water off it so you're not fixing the same problem down the road. That would be reason enough to install a border with gravel or something. Do you really want your neighbor scattering road salt in the driveway right against your block or cement foundation? I was looking to draw up a contract dealing with the wall replacement and how the driveway would look after. He wants me to replace the concrete to my house, and will not compromise one inch at this time. I certainly want to install drainage, and DO NOT want to pay for an aesthetic part of his driveway. Looking to take the concrete saw out myself and cut on the line...I was hoping to come to an agreement with him on similar terms to a $1/yr rental, if the design was satisfactory to code and structure. Now I am thinking 'Nuke it from orbit" and going from there. |
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Did you explain to your neighbor that his driveway is 3' into your property? Show them the approved most recent survey. If they are any kind of neighbor they should hopefully understand . By you agreeing to repair what you have removed from your own property is crazy your acknowledging that the property is theirs and that you are in agreement. Survey shown. Shits given = 0 By the way ,since the driveway is very near to your house what kind of problems are you having structurally ? Wall failure, lateral crack on first course. Had drain tile installed that disturbed concealed damage. Edit: If the driveway is touching and your having structural issues, you have a design issue. (driveway) if anyone has had a renovation to the property and used that driveway for lumber delivery,over burden conditions from an excavation and lets say a fully loaded concert truck came in to drop 10 yd of concrete. That wall is begging to come down. That is one reason why there are set -backs to prevent such things from happening. I'm just saying I agree. That is the basis or my concern in the future. If zero shits are given by your neighbor then you give zero shits . Have a licensed surveyor stake out your property and put a fence up right on your new found legal property line. You have every right to what is yours. Good luck and I'm sorry for the structural damage . Keep the water away and no more driveways that close to your house !!! |
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Speak to a lawyer. This gets complicated. Do NOT take matters into your own hands, there can be consequences. Because of your or the prior owners failure to re-claim the property, it may now be his. TALK TO A LAWYER. Foing to one today. Will update after consult. |
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When you go to lawyer make sure you know dates your neibor and you purchased homes. I hope it does not go to court, property disputes cost huge amounts. The lawyers are the only ones who benefit. Do you think your neibor would sign a letter saying that he has your permission to use that property ? That should negate any adverse possesion. Previous posters have noted it might be his driveway pushing down your wall. Good luck
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Obviously I should have said have a lawyer draw up any contracts. That is fools errand for most of us not knowing what we don't know and all that. Presumably the attorney knows and recognizes common pitfalls that we wouldn't.
I'd be tempted to just rent a concrete saw and buzz the line, break up concrete driveway on your side, dig up wall, fix wall and put in french drain. Paver bricks that are decidedly different than neighbor's driveway. To hell with restoring his trespass on your dime. Once it's done, they can bitch or sue. As long as their deed isn't saying they own the section. How far are they going to get suing you for that? |
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Foing to one today. Will update after consult. Quoted:
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Speak to a lawyer. This gets complicated. Do NOT take matters into your own hands, there can be consequences. Because of your or the prior owners failure to re-claim the property, it may now be his. TALK TO A LAWYER. Foing to one today. Will update after consult. Good ... I'd make sure he understands what YOU want that is in YOUR best interest... the time for working nicely with the neighbor are gone.... set out what you want, and find out what your minimum obligations are. Then inform your neighbor of the new reality, and if he wants to play nice to get concessions you don't worry about, he can find out what beer you like, the cut of your steak, and the caliber of ammo you need. Otherwise, fences make the best neighbors. |
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You closed on your home and when you closed you had the CO? Show your neighbor the damage and show him the survey lay-out. The driveway is totally improperly installed and if there was a permit to be obtained for that driveway someone filed. But then again each town and shit hole in NYS has its own zoning laws. Let me know what you find. If you get a lawyer your going to start a situation that maybe nasty. It sounds like your neighbor alpha male needs a place to piss on his lawn.
Edit I agree with the OP and fences |