Community Chat

[Babyfran]

I own the first half of a long dirt driveway ( which means I’m liable if something were to happen).   There are two houses that have the right of way over my driveway. Both homeowners have been illegally renting out their basements for years ( the two homeowners are family... father renting one basement, his daughter renting her basement). I have to pay a hefty insurance premium each year for an umbrella policy to cover my share of the road. I’ve looked the other way for years. Now the father is letting his brother and his wife live in his cabin, which has no septic... so that’s illegal. There’s  now two more vehicles using my part of the driveway. The more cars there are on the road the more chances of a claim, which will no doubt raise my rates, or I’ll be dropped. I was just wondering if anyone else has had this problem. 

Thanks! 

[esmerelda]

I don't. 

You know something illegal is going on. Will you report it?

[Babyfran]

I have been hesitant about reporting the violations to the town zoning officer. I haven’t wanted to create and problems with my neighbors..... sigh...however this latest situation has really angered me.

[Marp]

First, there should be a formal covenant in the property deeds granting right-of-way/access to the adjoining property and that covenant should contain a hold harmless clause.

Second, if you are angry now just think how you will feel if there is an incident and you are found liable.

Report the illegal rentals and the cabin without septic being lived in (if your locale prohibits occupancy in such a dwelling).

[chiclets]

You have been hesitant about creating problems with your neighbors but now seem to be concerned about them creating costly problems for you.

You have a situation that needs investigating and you should learn your legal rights

now.

You either close your eyes and hope for the best or learn the facts concerning the matter and do what will be best for you.

Good luck.

[Babyfran]

Marp, thank you for relplying. You are right.... if I get sued I’ll really be angry. I placed  a call to my lawyer  earlier, and when I talk to him I’ll see what he says. I’m afraid of retaliation... however I don’t think I can sit on this going forward.

[Babyfran]

Chicklets, well said! Thank you. 

[RinaRina]

Yep, I've got a shared driveway. 

The peeps next door do AirBNB (renting out basement), so there are "strange" cars and strangers walking up and down my driveway all the time.  Not only that, but her sister's house is behind mine and they tore down part of the fence at the property line so she and her kids wouldn't have to walk around the block when they want to visit. 

The torn down fence is NOT on my side of my property, however, it does give everyone access to my parking area and the driveway.  The torn down fence also gives the people in the house next to hers access to my driveway.  The guy in that house has been renting motorcycles called "REVEL" and driving up and down the driveway.  Mind you, he lives on a different street, but because of the torn down fence, he has access.

My security cams beep all day long because of them.

I've already been to court 3 times about their trees falling on my house .. and about the AirBNB people blocking part of the driveway making it difficult for me to move my van. 

I just don't park in my space anymore because they're horrible people who feel they're entitled to do what ever they d@ng well please.

So, you're not the only person with this problem.

All I can say is, since I don't use my driveway, if anything ever happens, it's THEIR fault and I will certainly make that clear if any insurance issues ever come up.

The problem you have with reporting people like this is, if they're crooked or trashy, they can play dirty, like my neighbors did.  You've got to be careful about retaliation.

[esmerelda]

@Babyfran  Good move talking to your lawyer. 

Shared driveways can be a concern...just maintaining them if nothing else. Seems like there's always one who doesn't want to do their share. 

Good luck to you!

[godi]

Call your lawyer ASAP.