More details to this question:
Hello. My new neighbor has a zero lot line which is also my driveway. The neighbor has a right of way. (Previous owner only used right of way for oil delivery and foot traffic) My driveway, just wide enough to fit 1 car width between the houses) is the only thing separating our houses, there is no other land between. The neighbor has remodeled his home and now runs his large electric box attached to his home jutting out almost a foot into my driveway so my car mirror scrapes on it, and has been torn off. Also they now vent their smelly perfume dryer directly into the driveway, which is at the exact level of my kitchen windows (facing into the driveway). I cannot ever open my windows and have had to cover them in plastic to prevent the dryer fumes from entering my home. (Our homes are early 1900s single family city homes). Can you offer any suggestions? Thank you.
2 ANSWERS
1 Award
You can sue to get an order confirming the right of way, but it will cost more than it is worth. Shared driveways are always an issue.
Answered on Dec 13th, 2017 at 8:59 AM
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
The fact that your neighbor has a right-of-way does not give him the right to permanently encroach on your property with an electric box that trespasses into your property, effectively making it impossible for you to park in your own driveway. You definitely have an action for trepass against your neighbor and should be able to compel him to relocate his electric box. You may also have an action for nuisance and trespass for the fumes from the dryer vent, but that may be more difficult to prove, depending on the location of the vent and severity and frequency of the fumes. Unless your neighbors run the dryer constantly, it will be difficult to prove that you literally cannot ever open your windows.
Answered on Dec 12th, 2017 at 5:00 PM