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A neighboring property is for sale, and being advertised as containing my driveway!!

Cayuga, NY |

A prominent property broker is selling a property neighboring mine, and advertising that it has two driveways. Problem in, one of the driveways is mine. I have viewed it in the public records, and the whole driveway is on my property. Every time they are showing the house or working inside it and I am away, my driveway is full of cars. The property owner has even left hand written notes on my vehicles threatening to tow them if I don't park where he pleases in my driveway, and threatening to revoke the agreement with my landlord that I can park on "his" property. No such agreement exists; 10 years ago, a previous owner of my home had a verbal agreement to allow the last owner of that home to park in it. My landlord will not take action until that property is sold. What can I do?

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Attorney answers 1


You need to see a NY real estate lawyer for a quick consultation on this. My guess is notices to the Landlord, Neighbor and Real Estate broker are in order to avoid any adverse possession from occurring and to straighten out the landlord's responsibilities to provide that driveway for you. I think it best for you NOT to write such notices yourself. Seems to me your landlord is not aware of a possible duty to mitigate damages.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.