Evil entitled neighbor.

kreesreeSeptember 23, 2007

I live in a teeny tiny home with a teeny tiny yard and a shared driveway with 2 other houses. My neighbor on the right is decent enough but the neighbor across the street is an evil, entitled JERK.

His garage faces the neighbor on the right's garage. My garage is about two feet away. This neighbor and his wife BACK their car into their garage and make a turn on the driveway on MY property. Naturally, this means that I am unable to park my car in front of my garage. They come and knock on my door EVERY SINGLE TIME and ask me to move my car, stating 'right of easement'. Well, I told them that easement means that I cannot BLOCK the driveway but that telling me where to park was HARASSMENT. No avail. The husband has an anger management issue and gets red in the face and starts screaming and yelling at us if we try to reason with them. EVEN if there's plenty of space outside their home, they still insist on making that turn in front of my driveway.

I'm not very assertive and this bully has picked up on it. I called our city's code enforcement, the city's parking inspector and even the police station. They all said that I'm not in the wrong and that they cannot interfere as this is a 'civil matter'.

Please advice. How do I handle this situation? Should I tell him to call the cops the next time he shows up and starts harassing me?

I'm at my wits' ends

Thank you for reporting this comment. Undo

Don't answer the door when they knock. Don't move your car. If he causes any trouble whatsoever as a result, dial 911!

    Bookmark   September 23, 2007 at 6:10AM
Thank you for reporting this comment. Undo

What I might try to do is go outside(with your husband or a friend) to where your car is and ask him exactly why he cannot get out of the garage or area? If he backs in that enables him to be able to see pretty clearly his path. This way you can see his side of the story...if indeed there is one, and you look like the sincere person you are. He isn't Evil. Sometimes people have a certain way of approaching things, and cannot change their ways unless it is pointed out to them respectfully.

    Bookmark   September 23, 2007 at 4:37PM
Thank you for reporting this comment. Undo

I believe there are no truly evil people. OK, there are, but not many. When people do tings that seem evil, they actually think they are well justified and reasonable. People have different views on things which are not obvious until you have an honest conversation with them. Can you invite him for a cup of coffee and talk this over? You could come to a compromise. You have to, since you are stuck with this guy and can't move out easily.

See, I am in a better position right now, since I rent :). I once had a problem with neighbors the cheapest solution to which was for me to move out. The rage was so bad that they did damage purposefully to my property to express their frustration towards me. They were also on drugs which did not help. Instead of suing them etc I just rented a Ryder truck and I was out of the place overnight. I am very happy I did that.

Sometimes I am really glad I rent. So much flexible.

    Bookmark   September 23, 2007 at 6:03PM
Thank you for reporting this comment. Undo

Thanks for the responses.

StripedOne, your solution - of going out and seeing his side of the story - was already tried. He can get in and out of the garage easily. He can even REVERSE into his garage but his wife is the problem. She is allegedly a poor driver and needs more space to reverse her car into the garage. Well, that's not my problem, is it?

Folks, please believe me when I say that he CAN get in and out of the garage. What his WIFE cannot do is BACK INTO his garage if my car is parked in front of mine. If she wants to reverse her car into her garage, instead of going in like everyone else, she has to do a turn on the driveway to get her car into position. If my car is in front of my garage, she has a hard time doing this reverse turn (although her husband can manage just fine).

I didn't start off by refusing to accomodate them. I, in fact, tried to park a little ways away even though this IS MY property and I didn't need to accomodate them. But a few months ago, we were having concrete poured and the contractor left the dirt by my front door one evening. So I had to park in front of my garage that evening. The next day, this neighbor showed up SCREAMING and cussed me out in front of my 2-yr-old who watched on in absolute horror and fear. I told him straight up that he cannot yell at me like a child, frightening my daughter, and to come back when he can act like an adult.

Ever since, he and his wife play the old game of 'ring the bell' almost every other day. I move my car ONE inch to the right and they are at my door step. Code enforcement has said they cannot interfere as this has to do with easement. Cops have said they don't see a problem with my parking since he CAN get in and out of the garage just not reverse in.

I wish he would be more friendly but it's his way or the highway. The driveway is really small and he wants me to park in front of my front door! I would have, but given that he wants to force my hand just so he can have HIS convinience - well, I don't think so. It's time he learned that bullying won't work.

Sorry, this just ticks me off. Bullies like this ALWAYS get their come-uppance and maybe I should just wait for his to be served to him.

Thanks for letting me vent and get this out of my system.

    Bookmark   September 23, 2007 at 8:31PM
Thank you for reporting this comment. Undo

You need to not answer your door and if he bangs on your door and speaks to you in a threatening voice, call the police. Do they have such a thing as a "peace bond" where you live? They are called different things in different cities. In short it's a legal document to keep him X number of feet away from you or your property. This is what you may have to do to be rid of this maniac. If he violates the order he goes to jail.

Don't let this guy bully you. It's obvious that he thinks he can and his anger and obnoxious behavior will only worsen. Keep us posted.

    Bookmark   September 23, 2007 at 10:59PM
Thank you for reporting this comment. Undo

Did I miss something? You were told not to block the easement and you parked your car in it? That would be the definition of blocking the easement.

Our driveway is actually an easement. We are not supposed to park cars in it either.

    Bookmark   September 24, 2007 at 5:28PM
Thank you for reporting this comment. Undo

Blue velvet Elvis,

This NEIGHBOR claims 'right of easement' although there is NO written property document that states that such an easement actually exists.

Even if such an easement did exist, it just means that the neighbors have the right to use that space to go back and forth. Driveway easement further means that an individual cannot block another person's access to his / her property and / or garage. In other words, I must provide him REASONABLE access to get in and out of his garage and that, I do. He can get in and out of his garage. The problem arises because he wants to rear in - which makes him ask me for MORE space than is reasonable or necessary for his CONVINIENCE. My argument is that No, as this is inconvinient to me! Easement does not mean that he can dictate where I park my car on MY property - that actually constitutes harassment. If they need more space, whatsoever, the other party can provide this space at THEIR discretion.

So while I do have to give / leave them enough space to be able to get in and out of their garage. I do not, however, have to bend over backwards to accomodate their demand for so much space that I cannot park my own car there.

In addition, I had a city inspector come out and see my parking position and I received his blessings as I was not parked in such a way that I blocked their access completely. Oh, btw, this neighbor parks his second car in his 'spot' - which technically is on the driveway and is also 'easement'!

The bottom line is that I would have accomodated if he had only been nice about it. I did accomodate him in the beginning but decided to dig my toes in when he showed up and cussed me out in front of my toddler. That good turn deserves another. That may sound vengeful but I have no concern for someone who would scream and intimidate a parent in front of her young toddler.

    Bookmark   September 25, 2007 at 4:13AM
Thank you for reporting this comment. Undo

My county has an overhead photograph outlining where easments actually are. It helped us on the OTHER side of our lot at the other easement once.

You don't need a city inspector you need a surveyor. It doesn't matter what either you or the neighbor say or do if one or both of you is legally in the wrong. Without the survey information it will not be possible to determine that.

If there is no easement the property belongs to ONE of you. There is not a legally shared piece of land otherwise, unless the other land shows on your home deed. I would hazard a guess that a survey would reveal that one of you could stop the other from accessing the other's property.

It might be easier to learn to live with it and live peacefully than to dredge up something that may end up causing worse trouble to you.

The neighbor I spoke about called the city the day we moved in complaining we had put something on her property or at least in the easement. The mayor was called. DH got online and pulled up the overhead pictures and it was pretty clear not only were we well within our rights and on our own property but her property wasn't quite as big as she'd guessed and she had a fence and tree down the center of the easement for years. Four years later we don't speak.

    Bookmark   September 25, 2007 at 6:07AM
Thank you for reporting this comment. Undo

I looked at the property maps, and yes, this IS MY property. In addition to the property maps, I called code enforcement and the city inspector. This was AFTER I ensured that I was truly talking about MY property.

I am sorry that you think that I am the trouble maker in this situation. I have lived through this nightmare and have tried to work with this jerk for the past several months. It's his way or the highway and I'm tired of being bullied around.

I don't understand why you wouldn't see that he IS able to access his garage and needs more space for his convinience but I cannot compel you to see my side of the story, apparently. So I'll let this drop.

I needed to vent and I did. That's enough for me at this time.

    Bookmark   September 25, 2007 at 11:51AM
Thank you for reporting this comment. Undo

Hey Kreesree, you stand your ground! That is YOUR property and you don't have to accommodate anyone, especially someone behaving like a jerk! If it were me, I would park wherever, however I want on my own property!

That said, I would never buy any property where I had to share any driveway or garage area. We looked at a property recently that had that very situation, and my husband said NO WAY. We like privacy and no hassles.

Good luck with your situation!


    Bookmark   September 25, 2007 at 4:35PM
Thank you for reporting this comment. Undo

kreesree: I agree with brutuses 100%. Don't open the door and if he starts to yell etc, call the police immediately without answering him. This is the only way to get him away from your property. I hate those people who think the whole world is theirs...

blue_velvet_elvis: your comments made me furious!!!! and I'm not even involved in the problem. What kind of world do you live in? You have no clue what you're talking about.

    Bookmark   September 26, 2007 at 2:46PM
Thank you for reporting this comment. Undo

go out buy a 100.00 dollar junker park it in that spot and leave it! that would be my solution.

    Bookmark   September 26, 2007 at 10:50PM
Thank you for reporting this comment. Undo

You may need to talk to a lawyer to see if there's any way you can get a restraining order so that they can't come and harass you about this. Or you might go to a mediator, if the neighbors will agree.

    Bookmark   September 27, 2007 at 12:29PM
Thank you for reporting this comment. Undo

Go to the county record room and document your property title, even if it means hiring a title searcher to go back to the inception of the easement. Get all your ducks in a row. Then if the law and county records are on your side, disconnect your doorbell. Do not answer your door unless he politely knocks. If he wants to discuss it in an adult manner, by all means do so. If he starts pounding on your door, let him know that you are feeling threatened and if he does not cease and decist, you will call the police and file a harrassment charge against him. Then call an attorney and back it all up with the black and white evidence.
And folks wonder why we like not having neighbors.

    Bookmark   September 27, 2007 at 4:51PM
Thank you for reporting this comment. Undo

Go out a rent a P.O.D. Put it directly in front of your garage. When he confronts you, tell him you're cleaning out your garage so that you can possibly, someday put your car in it. Leave the P.O.D. as long as you can and get your garage cleaned (if it needs it) at the same time. If you want to see a confused madman, that would do it.

    Bookmark   September 27, 2007 at 8:43PM
Thank you for reporting this comment. Undo

I have been dealing with an easement situation with the city I live in and our neighbors for FOUR years. I do know what I'm talking about.

When we purchased our home, the agent told us that the easements were OUR property. No mention of easements. The city at first told us that too. They ended up not being our property at all and only the plat mat showed that. So, before you are so quick to dismiss what I'm saying, perhaps you didn't have quite enough info to make a judgement.

*IF* the property in question is indeed an easement, then nobody can park on it. I can't believe legally that three people could own a piece of land on a title or mortgage without jointly signing a mortgage on it or knowingly legally entering into a written agreement over it.

What I said, or meant to say, is that until it's surveyed or a plat map is reviewed and the land is measured, whatever you think you know is not what you know it's just what you think.

Just because someone has a cranky neighbor and thinks that they are in the right does not necessarily make it so. The neighbor thinks he's right too remember. I'm not saying either of them is right. If it *is* an easement though, it can't be blocked. Without a proper survey it's impossible to tell whose rights are being violated.

For the record OUR easement is our driveway. It's the only access we have to our garage. We have done everything short of paving it. If the neighbors wanted to start using it to bring things in and out of thier backyard, we would have to grin and bear it and eat the cost of the improvements we've made. We own land on each side of the first 80ft of it. We can't block it, plant trees close to it, park in it (remember, this is our driveway). However if we fall on it, it's the easement, so it's the city's problem. Oh did I mention we spent some big bucks making a drainage system under it? We went to five city council meetings and four planning and zoning meetings to try to gain title to it but as it ends up, we can with full permission of the city improve it as much as we want but it's still the city's property because it's an easement.

If you review the tax listing for your home you should see the dimensions of the lot. There could/should be markers. Get your neighbor at a calm time and go out and measure each of your properties. Find out together who is right. OR hire a surveyor like I said before.

    Bookmark   September 28, 2007 at 6:21AM
Thank you for reporting this comment. Undo

Can't she go to her county record room and research back as far as the records are, in order to be able to determine whether or not there is an easement? Before hiring a surveyor? We did basically the same thing with regard to a second piece of property we own; we went to the record room and spent the better part of a day reviewing and researching the records for that piece of land. Many times there are clerks/title searchers who are available to ask questions. I would think this is another option, before having to lay out alot of money. Either that, or look at her mortgage closing papers to try and determine the status.

    Bookmark   September 28, 2007 at 10:15AM
Thank you for reporting this comment. Undo

We never did hire a surveyor. We told the neighbor on the side we were sure we owned and that called and complained about us that we would hire a surveyor if she'd like to split the cost. We went online to the accessors website and looked at the overhead photos that were plotted out, got a few city guys to come with big tape measures and together we measured with the printed out photos in hand.

BTW, our first phone call on our phone four years ago, today in fact, was the then mayor of the new city we'd moved to saying "Welcome to our town; we have a complaint about you."

We periodically go to the city now trying to get them to sell us the easement on the other side, the one that's our driveway. So far it's a no go. Apparently it would become the next big thing here according to them. If we could buy OUR easement everyone in town would want to. I think there is a bit of flaw in the reasoning so we will keep trying.

    Bookmark   September 28, 2007 at 5:51PM
Thank you for reporting this comment. Undo

I've looked at properties with shared drives, and my understanding is that the party who actually lives in the adjoining home, with whom you share that drive, is the only party who has any right to that easement. I may be wrong, but it's like sharing a septic system (and some homes do).....does that mean somebody across the street has a right to run his toilet bits to your septic tank? Having an easement doesn't automatically imply it's PUBLIC property.

His problem seems to be his garage was situated improperly and his wife can't drive. He might only have a right that nobody block the street or park across his drive. You won't know that until you contact someone who can intepret the law and that's an attorney. If the attorney just consults you and doesn't have to pursue the matter, he may charge little or nothing. To me, peace of mind is worth a few hundred and I don't think, unless you want to just do as this man says, the issue will go away any time soon. Settling in once and for all might even improve the situation.

If I were faced with the same situation, and thank God, I'm not.......I'd take my deed and legal property description to a real estate attorney and get the correct interpretation of who is entitled to use what. We can't tell you your legal rights but an attorney can. You may not even have to go any farther than that. If the attorney says it doesn't even involve the guy across the street, then the next time this man tells you to move the car you have the prerogative to say that your attorney told you that they have no right to make you unless you want to and you might if he asks nicely. LOL . (that is if your attorney actually does tells you that). Yes, this is a civil matter and if the man across the street doesn't like your answer then he has the prerogative to contact his own attorneys because the ball is in his court then to prove he has a right to use your common drive. If he complains to the same people you already have complained to because he doesn't want to spend that money, they'll tell him the same thing they told you. He'll get nowhere, just like you did.

My take may be all wrong. The only advise I'm really giving you is to settle the matter first with legal advise from an attorney. Then you can do as you wish, and be empowered that you are right. If your attorney does in fact say you need to let this man use your drive, then you would owe him an apology and need to keep your car out of the drive. Water runs both ways.

    Bookmark   September 29, 2007 at 12:35AM
Thank you for reporting this comment. Undo

Blue Velvet Elvis,

Here's what you initially insisted:

-- You don't need a city inspector you need a surveyor. It
-- doesn't matter what either you or the neighbor say or
-- do if one or both of you is legally in the wrong.
-- Without the survey information it will not be possible
-- to determine that.

And here's what you now claim:

-- We never did hire a surveyor. We told the neighbor on
-- the side we were sure we owned and that called and
-- complained about us that we would hire a surveyor if
-- she'd like to split the cost. We went online to the
-- accessors website and looked at the overhead photos
-- that were plotted out, got a few city guys to come with
-- big tape measures and together we measured with the
-- printed out photos in hand.

A. Exactly. You DO NOT need a surveyor. All you need are property maps and measurements - both of which I have. When I told you that I KNEW this was my property, did you just assume that I was talking through the back of my head? How does one know which one's property is? By mapping and measuring - which is how we "figured out" our boundaries. Where did the city's inspector come in? When he came to review the parking situation, he also asked to review the property map. And while we were at it, we also showed him the measurements (he measured the driveway himself - wouldn't take our word for it). Interesting that you told me that that I "don't need a city inspector but a surveyor" while you, yourself, solved your issue simply by using satellite maps and by having the city guys measure / review your measurements with you -the exact same thing that we did!

B. Here's where it gets very interesting. Our property map has no mention of any easement. So that's where the tract map came in. No mention of easement where this dude is claiming there, either. So, the only easement on my land is the easement that HE CLAIMS based on the fact that his wife is unable to back into their garage. Ummm, how convinient! In the beginning, I overlooked this false claim because I wanted to be on good terms with them - a friend of mine had to live next door to an evil neighbor for 11 years and I wanted to be on friendly terms with all of mine. I think he thought that it meant he could push the envelope as much as he wanted. Erm...no, that won't happen anymore. In fact, during the course of our mapping and measurement, an interesting peice of information came to light. There IS some City easement - between our garages - on the land in front of HIS property where HE parks many evenings. DUH.

C. Yes, three different people cannot legally own one peice of land. And, it turns out - again through mapping and measuring and reviewing with the City - that I am paying the mortgage on (and own the title to) this peice of land.

C. I think I will see an attorney after all. I see now that this is the only way I can get these losers off my back. I'm tired of being told where I can and where I cannot park on MY land. Mr. Cranky Neighbor thinks he has some rights to my property - well, maybe a legal notice will set him straight.

Moral of the story: Being nice only causes you to be taken for a pushover. I tried to be reasonable, I tried to be nice and all I got was a raging maniac cussing me out in front of my toddler.

Everyone else:

Thank you all for your support. I'm angry this evening about the whole situation, but it is constructive anger. I know now that I am in the right. Don't get me wrong - Neighbors SHOULD work together but bullying should not go unpunished. If he had only worked WITH me, he'd have benefitted. I'd have been the most accomodative neighbor but he blew it with his rage and his overwhelming sense of entitlement. I want to thank all of you for your feedback and your support. I will keep you all updated.

Ms. Velvet:

It seems to me that you were bringing your own bias with your situation into this thread simply because you are on the other side of the fence with an equally entitled, whining neighbor. I wish you had been able to approach this issue from a truly neutral perspective but thanks anyway. Just a bit of feedback: If you personally did not need to do something (in this case, "hire a surveyor", please do not dispense advice that claims to the contrary.

    Bookmark   September 29, 2007 at 4:24AM
Thank you for reporting this comment. Undo

Had we not been broke completely and throughly we would have hired a surveyor. My advise to myself would have been hire a surveyor too. I have no idea of the cost but it would not have mattered because we didn't have it to pay. I would have loved to had little stakes with little flags on them to prove we were right. They would still have been there four years later.

Yes, my experience is biased. I have a neighbor exactly like yours with the exception of the bad driving. She's caused us to feel unwelcome in our neighborhood.

We were told that land was ours that wasn't and went into a contract with faulty information. I don't think we would have not bought the house because of it but we wouldn't have been quite as quick to purchase. We bought this place for the land not the house. We were going to demolish the house and rebuild from scratch. That didn't end up being the case. We adore our little home now. We just don't adore the Wicked W from the West.

My advise was based, as I said, on what I wish I could have done and what I should have done. If there is ever an issue again I will not hesitate to hire a surveyor. We might have to soon anyway. WWW's tree, which is in the middle of the easement is threatening to fall on our home. It's a giant, messy walnut that poisons the land around it and has been breaking branches and dropping them for the past two years. She truly believes it's her tree and she believes the fence which her father had installed down the middle of the easement is also hers. So much so in fact that when I planted morning glories on it she ripped them off in full bloom the year after we moved in. "Her" fence, "her" tree.

I was and have been told that easements are public land owned by the city. That's what they are here. As an insurance agent if indeed it is your land would not only stand your ground but fence it off unless the attorney tells you other wise. It is a liability to you to have someone else use your property unless there is some legal stipulation that you can not be held responsible for injuries that occur on that land.

Please see the times I post. I get up at 4:30am to get ready for work and post during my first few sips of coffee. I am sorry if I came off wrong to you however what I think and feel remains the same. I would and think you should hire a surveyor AND an attorney.

    Bookmark   September 29, 2007 at 8:22AM
Thank you for reporting this comment. Undo

I haven't seen any animosity in anyone's thread, and think Blue velvet has contributed some important considerations because of the experiences they've had.

The really major issue is whether an easement even exists. I used to love to watch the dynamics of the people who lived on the city street where my parents own a home. It's in an older part of town and I once had a surveyor tell me that nobody has surveyed any property boundaries there for so long, he'd have to start at a point from blocks away. The deeds read something like property starts at twenty feet from large rock behind Mr. Smith's cistern. It is all terraced land and nobody really knows if the lines fall mid hill or at the top or bottom of the plateaus. What is really hilarious is that the folks next door will say it's your land if a tree needs to be felled, or a sidewalk repaired, but then it's their land if they want to build something like a shed on it. Folks will ask somebody something who has lived on the street the longest, and assume it's true. May or may not be.

I owned some rural property once in a small village. People to the right of me had encroached a little every year and people to the left had as well. About the time I sold, I had a survey run, and found out the driveway for the people to the right was on my ground and the people on the left had their horses grazing my property.

We just ceded a ten of an acre for those people's drive and never said a word about it, because I don't think there was any intent to encroach. However, I made the other party remove their horses. They knew what they were doing. Theres one of those kind everywhere who will opportune.

    Bookmark   September 29, 2007 at 11:27AM
Thank you for reporting this comment. Undo

Has anyone looked at your actual deed? It should spell out very concisely what belongs to you 100%, and if there is an easement or right-of-way built-in to the contract. We had a right of way going over our property once (never again!) and the terms were all laid down in the deed.

    Bookmark   September 29, 2007 at 12:46PM
Thank you for reporting this comment. Undo

I can't see where an across the street neighbor has any right to be using the driveway whether there is an easement or not- the easement is for the next door neighbor.

IMO the only mistake made was that you moved it for him the first time he asked so now he thinks he's entitled.
Park where you want and don't answer the door.
Call the cops if he gets the least bit poundy.

    Bookmark   September 30, 2007 at 10:24AM
Thank you for reporting this comment. Undo

cearbhaill said: "I can't see where an across the street neighbor has any right to be using the driveway whether there is an easement or not- the easement is for the next door neighbor. "

Exactly! That is what has been driving me crazy about this post. I can't get a clear picture in my mind about how the properties and garages and streets and driveways are arranged. Too many variables!

For instance, does the neighbor have just one vehicle and one garage space? If not, how about Mr. and Mrs. neighbor switch sides in their garage -- maybe Mrs. Neighbor will have better luck with the other side of the garage.

Is this a "street" or an "alley" we're dealing with?

Is Mrs. Neighbor using mostly the street/alley to accomplish her 2-point-turn, and has to encroach a bit into the are in front of OP dgarage? Could the OP pave or gravel a little area beside her drive so she could park a little farther over and be out of Mrs. Neighbor's way?

Is the layout sort of like a fork with three tines, so there is one long driveway (handle) with Mrs. neighbor unable to back down the handle (but Mr. can) so she drives in front-ways, then wants to pull into the space of the OP's "tine" in order to then more easily back into her garage?

What the heck kind of layout is this thing?

Is there any hope that Neighbor number 2 is Jimmy Carter and can broker a peace accord of some kind?

I want a picture!

    Bookmark   October 1, 2007 at 3:20PM
Thank you for reporting this comment. Undo

kreesree, you said that you're not very assertive. Well, it's now time for you to GET assertive. If you lay down like a rug, you WILL get walked on. Another poster theorized that since you moved your car once, he now expects it. WRONG. When he tells you to move it, tell him the first (only) time was a freebie from you. No more freebies.
If I were in your shoes, based on what you've written, I'd do 2 things:
Pay an attorney to write a cease -and- desist letter to this clown (assuming that the attorney concurs w/ the property rights, ownership, etc., issues).
Contact your local police or magistrate. Tell them you consider this man to be a trespasser, and ask about a warning of trespass (or other legal injunction) to be issued to him. Yeah, I know they think it's a civil matter, but there must be some sort of law that says he cannot come upon your property if you have specifically forbidden him to do so.
I truly feel for you. We have a few obnoxious arrogant a@@holes on our street, too. Luckily, I am not next door to

    Bookmark   October 1, 2007 at 4:22PM
Thank you for reporting this comment. Undo


-- Is the layout sort of like a fork with three tines, so
-- there is one long driveway (handle) with Mrs. neighbor
-- unable to back down the handle (but Mr. can) so she
-- drives in front-ways, then wants to pull into the space
-- of the OP's "tine" in order to then more easily back
-- into her garage?

Almost, but not quite. She actually can back down the handle. The garages of Neighbor No. 2 (N2) and Jerk (J) are two car tandem and at the intersection of the handle and their respective tines. J's garage faces the garage of N2. Mine is to the left of N2's (and set back from the handle)

At the end of the tines in the forks is empty space. This is basically meant for making turns so J and N2 can get into their garages - they could back all the way into the end of the driveway and then swing out to the space in front of the other's garage and back into their own.

N2 never uses his garage. J & Mrs. J park one car in their garage and the other car they put at the END OF THE DRIVEWAY in the empty space (which they claim is THEIR property but which the inspector told me is 'easement').

I don't care which this is, except that having this car takes up the space at the end of the driveway, BLOCKING it so the next person that arrives home can no longer use that space to reverse into the garage. So what do they do? They need additional space, so they decide to drive up the handle and use the space in front of MY garage to turn the car into position. Ummmm, I don't think so, dude(ette).

J and Mrs. J need to grow the heck up. J can get into his property EVEN if his wife is parked in the space meant for the turn. But his wife cannot and comes into my land. They have to decide that the first person to arrive will park in the garage and the next person will park outside. They want the wife (who drives the nicer car) to be in the garage but she doesn't ALWAYS return home first. Well, that's not my problem. In addition, Mrs. J is a bad driver and enjoys making wide turns as she is BACKING into her garage. Her husband has no problem navigating the vehicle in narrow spaces EVEN if she's parked her car first and even if he did, it would STILL not be my problem.

Like I said, I wanted to work with them. No more. They are on their own now.

    Bookmark   October 2, 2007 at 6:43PM
Thank you for reporting this comment. Undo

I get the picture. As others have said, I believe these folks are out of line.

    Bookmark   October 2, 2007 at 10:00PM
Thank you for reporting this comment. Undo

It seems you are fairly certain of your easment, parking rights.
Next time he knocks , go to the door with your phone in hand primed to call the cops - tell him you don't have to and your not and that if he's not happy he can call the cops and oh by the way if he doesn't get off your property after you close the door your going to call the cops.
If he starts to yell - dial straight up and let the dispatcher hear him yell.
Get a restraining order.
Some of these people have real problems and can end up doing property or real physical harm.
I've never yelled at a stranger much less a stranger with kid in my life.
No reasonable person I know ever has.
If anyone thinks this is ok behavior you need to rethink.
No sense in dinking around all you do is make it worse by dragging things out. Consistency is key.

    Bookmark   October 7, 2007 at 8:16PM
Thank you for reporting this comment. Undo

I like bill's junk car idea, but there may be a by-law about having a junker.

How about this: Get a friend with a truck to take you to the home center. Buy a bunch (20-30) of patio paver stones or concrete blocks. Big and heavy ones. Unload them and stack them three high and three deep on your propertly line where this guy is trespassing. Tell the so-called neighbor that you have a project planned, and that you will move them when you get to it.

    Bookmark   October 9, 2007 at 8:40PM
Thank you for reporting this comment. Undo

I know it's more easily said than done, but do try not to let your neighbors' problem become your problem. Sounds to me like you're doing nothing out of line, but your neighbors' demands are inappropriate. Don't even talk to them about this anymore. Continue to park where you are within your right to park, and if they want to continue to have a problem, let them try to pursue "legal avenues" -- if indeed there really are any (but my guess is that they'll quickly learn they don't have a leg to stand on).

Life's too short to play these games ... Refuse to do so!

    Bookmark   October 11, 2007 at 9:35PM
Thank you for reporting this comment. Undo

kreesree - Do you have title insurance? If so, there should be copies of prior deeds (which include the property descriptions) going back a long time (hopefully). At least in New York they do. Therein would be references to any easements, selloffs, etc. You have to look at all of the prior transfers. In NY, sometimes these went back well over 100 years and all were documented.

If you don't have title insurance, then do what Mrsmarv suggested and spend some time at your county clerk/recorder's office and do a property search on your own. The office help should give you a hand in getting you started and yes, the professional searchers can be a great help in answering questions.

Unfortunately, in some states, there is the barest minimum of a description with only the prior owner named in the deed. In that event, you might have to dig deeper.

    Bookmark   October 14, 2007 at 5:54AM
Thank you for reporting this comment. Undo

I don't see how a neighbor living across the street can have an easement to enter your property. Talk to an attorney who specializes in real estate, ask him to confirm whether or not there is an easement. If he says no, I'd put up two heavy posts on either side of the driveway, then a locked chain between the two posts. You can unlock it when you get home, but it will keep them from coming onto your property.

They are interfering with your peaceful enjoyment of your property, and reducing its value, by claiming rights to a portion of your land, just because the wife does not know how to drive. If you let them continue, they may eventually acquire a legal right to use the property.

    Bookmark   October 18, 2007 at 10:25AM
Thank you for reporting this comment. Undo

Personally I would let the guy hammer on your door and blow his cool and then shoot him in self defence. End of problem and the other neighbors would probably give you a medal.

1eyedJack and the Dawg

    Bookmark   October 21, 2007 at 10:13PM
Thank you for reporting this comment. Undo

Next time he knocks on your door screaming, open it with a video camera posed on him. He'll ask why the camera. You'll say to file with the harassment complaint. That'll shut him up.

    Bookmark   October 24, 2007 at 3:41PM
Thank you for reporting this comment. Undo

Your lender would have ordered a survey for closing, & you should have been given a copy of it at closing.

It will show easements.

Take your copy, or, if you can't find it, call the title company or escrow office that handled your closing & ask for another copy, & sit down with your closing agent & go over the details of the survey.

If an easement appears, find out from the closing agent what kind of easement it is (access, utility, etc) & *to whom the easement was granted*.

That person or entity is the *only* one who has rights to use the easement, & that person or entity is entitled to use the easement for the purpose stated & no other purpose.


Here, many properties have utility easements so that the gas company or electric company can gain access to work on their lines.
They can use the easement for that purpose only -
they can't use the easement for parking their vehicles overnight, etc.
& no one else has any right whatsoever to the utility easement, not for turning a car around or anything else.

another example:

Access easements.
If you bought a piece of property with road frontage & the seller kept a couple of acres at the back of your property, you have to grant him/her an access easement.

He can use it only to get to his property, not for a vegetable stand or a car lot or a cattle sale, & no other person has any right to use the easement at all, to turn a car around or anything else.

Be careful about enraging this nutcase:

I once had a builder, one that I didn't represent & who indeed I never had met, put a sign in front of my real estate office (!) & scream in my face that I had no right to remove it because it was in the easement that *belonged to the city*.

In a rage, I told him that actually, I owned the property all the way to the middle of the street:
that the road had been built on a road easement that belonged to me, & that he better not put his sign anywhere on that property.

That's when he threatened me, & when I went to the police.

turned out...
they already knew him.

so be careful.

    Bookmark   October 25, 2007 at 7:40PM
Thank you for reporting this comment. Undo

Exactly Sylvia you are right. I have read all my deeds and my property does extend to the middle of the state route running in front of it. We have allowed one business, located quite a bit further out in the country to keep their sign on our easement. He asked permission. Then up pops another sign in front of my chicken coop advertising fishing worms. LOL. I just chuckled. It's hand painted on three old boards. Sorta gives the tree a little character and I figure they're self employed like I am. Then a third sign pops up with a 1-800 number advertising land. Thanks for reminding me I'm going to rip it off tomorrow.

    Bookmark   October 27, 2007 at 1:34AM
Thank you for reporting this comment. Undo

I'd leave my car there. If she hits it her insurance will pay and I'm sure her husband will make sure it doesn't happen a second time.

As a result:

She'll either drive into the garage rather than backing up, or have her husband back the car into the garage or she'll learn how to properly back into the garage.

    Bookmark   November 2, 2007 at 8:21PM
Thank you for reporting this comment. Undo

Not new to the site, but I'm wafting through all the forums here, so please forgive me for jumping in.

This is rich. Easement in front of his driveway is "his property" and your driveway is "easement that he's entitled to use". What a control freak, and the problem with bullies like this is he can't control who arrives home first in his house, and he can't control his wife's lousy driving, so you're the easiest thing to control.

I'm happy you're not going to let him manipulate you anymore. I would go to the door and the minute I saw who it was (without opening it), I would walk back out of the room. When he calls the police they'll let him know who is wrong. If he starts banging the door like a maniac, dial 911 and tell them your hot-headed bully of a neighbor is pounding on the door and it's scaring you, to please send someone out at once. It may be a civil problem, but if you feel threatened, they'll get involved.

I'm sorry you're going through this - I know how frustrating it is to feel powerless and bullied, although it sounds like you're ready to empower yourself, so yay, you!

    Bookmark   November 4, 2007 at 1:02AM
Thank you for reporting this comment. Undo

kreesree - I haven't been on the forums in ages as I'm a school teacher and only have time over break. It's the holidays so here I am...and my jaw is open at your post!

I agree with everyone else--DO NOT MOVE YOUR CAR. Park it.
DO NOT answer the door. DO NOT engage in discussion. If they catch you, tell them you are on your way out...or whatever. Let them make the first move.

And, maybe practice what you want to say and rehearse it like a play so when the moment comes, you can do it. Channel your inner Kathryn Hepburn. :-) You can be sweet (or at least not mean) but be firm.

Try the broken record technique. Just keep saying the same sentence or two over and over such as:

"I've spoken with Mr/Ms X with the police/city/etc and they've stated that you do not have a right to use my driveway. It's unfortunate that your wife can't back out of your own driveway, but to insist I move my car--repeatedly--is simply untenable. I wish you no ill will, but I will no longer be able to accommodate you, it as it is a major inconvenience to me."

Do not let a self-entitled jerk make you unhappy.

Let us know how things have been lately.

    Bookmark   December 28, 2007 at 11:11AM
Thank you for reporting this comment. Undo

I haven't read every post but I'm probably restating the obvious. That said, I think your neighbor is being unrealistic and manipulative. After all, this space is yours to park your car. Just because he chooses to back in, making him "NEED" your space to better position his car into his space is not your problem. It sounds to me that if he drove in front first, this would not be an issue.

In the future, I wouldn't move your car or answer the door when you know it's him. If he calls you out about it, tell him it's his problem and he needs to find a better way to deal with his problem. You're through conveniencing him because he has been inconveniencing you too long. Make it evident to him that you won't play his game anymore. Call the police if things get out of hand with his temper.

Give the problem back to him!! By the way, everytime you park your car and then use it again, take a walk around it to look for new dings...just in case. This way, if something happens, more than likely it happened in your driveway.

    Bookmark   January 18, 2008 at 12:28PM
Thank you for reporting this comment. Undo

It's winter now, and you need a new rack to hang your coats on out in the garage

*Take (2) 12'(X)2X12 boards.
*Put (24) 20 penny nails in each board
*Spread some plastic or cardboard or paper out and
*Put the boards at 6" inside what your are certain is your property line, nailhead side down,
*put up several signs that says "No Traffic! Construction Zone: hard hat & steel toe shoes required" and 5 plastic safety cones or some painted concrete blocks with sticks in them on each side of the two boards, and take some safety yellow or green or orange survey tape and wrap it at 3' high around the cones/blocks/sticks to make a plainly visible and clearly identifiable worksite, and put a few more notices attache to the surveyors tape too....Or, go to any industrial supply house and get some "danger: do not enter" plastic film barrier tape and wrap the cones/blocks/work-area with that. Very good! You now have an OSHA compliant workspace. Your neighbors should be most grateful for you thoughtfullness at insuring their safety throughout the duration of your paint project.
*Apply a fresh coat of very slow drying oil based paint to the boards every afternoon for the next three months or so.
And remember, Safety First!

    Bookmark   January 25, 2008 at 3:15AM
Thank you for reporting this comment. Undo

I purchased some rural property with no front footage. My deed specifies that I own two pieces of property -- the driveway is a separate piece of property, 16'x143 feet. I also have easements on my property -- one for the electric company and another for a gas exploration company. The easements are for these two entities ONLY. No one else is entitled to use these easements....the land is mine, to do with as I please, unless there is something in the easement agreement to the contrary. People were using my "easements" as four-wheeler paths, truck paths, etc. When told they were on private property the response I got was that they were on the easement...public property. They are NOT public property. I can put a fence entirely around my property as long as I provide a gate and a key to that gate to the gas and electric companies.

If you have an easement, the title company who searched your deeds when you bought the property should have found them. Mine are specified in my deed.

    Bookmark   January 25, 2008 at 3:16PM
Thank you for reporting this comment. Undo

Hi. I really believe you should try and work things out with you neighbor, if for no other reason than they can make your life difficult -- and who wants that difficulty in their life, especially since you have young kids and don't want to be worried about some crazy neighbor.

But if you are sure that you want to confront these people, I suggest you get a copy of your deed and read it to see if there is in fact an easement -- which is a right of egress and ingress from a property (or a vista easment or the right to take something like timber,etc.).If there is no specific right granted in your deed, than it is very difficult to claim a proscriptive easment. Simply put, if your deed does not say that your neighbor has the right to enter your property, they have no right to be on your property and you may deny them access at any time. They can claim a proscriptive easement, but it's up to them to prove such in a court of law and the law does not favor implying such easements. You could possibly file a restraining order against your neighbor and file an action against him for tresspass. Do a little research, you can act as your own attorney pro se (or see someone at legal aid if you don't have the cash to hire someone). In short, the law does not require that you be a good neighbor and you can park anywhere on your property as the town permits. Good luck, and try working things out before you do anything drastic -- like resort to the courts or police. Remember, life is short, is it really worth a fight?

    Bookmark   February 2, 2008 at 7:51PM
Thank you for reporting this comment. Undo

So, how about an update?

    Bookmark   February 6, 2008 at 1:48PM
Thank you for reporting this comment. Undo

Yah, what happened??????

    Bookmark   March 27, 2008 at 12:20PM
Thank you for reporting this comment. Undo

Don't you guys watch the news and read the papers. They had a shoot out and they all were killed. Only kidding

    Bookmark   March 27, 2008 at 8:00PM
Thank you for reporting this comment. Undo

"Don't you guys watch the news and read the papers. They had a shoot out and they all were killed. Only kidding."

You have a sick sense of humor.

I live in the state where a man beat his family to death this week. Murder is NOT funny.

    Bookmark   March 28, 2008 at 2:52PM
Thank you for reporting this comment. Undo

Um, I found his joke amusing. However, REAL murder is not funny.

    Bookmark   March 28, 2008 at 4:22PM
Thank you for reporting this comment. Undo

It appears that you have every right to ignore this guy. If the land is yours, with no easement documented, then its your land. Period. Just put up a 'private property - no trespassing sign and call the police when he starts to complain again. Tell the office you want the guy arrested for trespass. Don't think you will have any more problems

    Bookmark   March 29, 2008 at 9:42AM
Thank you for reporting this comment. Undo

"Um, I found his joke amusing. However, REAL murder is not funny."

This matter could escalate into "real" murder. There have been countless, senseless shootings happening everywhere.

    Bookmark   April 7, 2008 at 4:11PM
Thank you for reporting this comment. Undo

I would know all too well about that, from personal experience. Lighten up.

    Bookmark   April 7, 2008 at 7:05PM
Sign Up to comment
More Discussions
I've lost interest in this project
The decorating forum said I needed a colored carpet...
lov_mkitchenIOWA zone 6b
Please, please show me your tiny bathroom
I would really like to see anything in the 30 square...
Moved in my smaller home today!!!!
Hello!! I just introduced myself this week; I'm the...
Getting older and keeping up
Just reading Stephs recent post about getting help...
knife sharpener help
I need a knife sharpener. I have 1 knife sharp enough...
© 2015 Houzz Inc. Houzz® The new way to design your home™