I own a driveway that gives two homeowners right of access to their parcels, which are located at the end of the driveway. One of these neighbors is running a junk business out of his house. He has customers constantly driving up and down my driveway, purchasing old refrigerators, and other household items. Many of these customers who contact him via Ebay and Craigslist, knock on my door, since mine is the house nearest the road, looking to purchase from this neighbor. He has also used the driveway to allow his customers to test drive cars he is selling. I am concerned that my neighbor is causing a safety issue, by allowing strangers to come to my house, and with all this additional traffic on the driveway. What can I do?
You should retain an attorney to send your neighbor a cease and desist letter. If your neighbor continues the complained of activity you will have to start a lawsuit to get a court order to stop him from creating a nuisance condition.
The above constitutes general information only and should not be considered legal advice.
Dear Poughkeepsie Home Owner:
Check the city code since it seems your neighbor's business is not likely a legal allowed use in a residential neighborhood and so may violate local zoning. If so, code enforcement will inspect and issue a summons for a code violation.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
Definitely check you local ordinances regarding the legal uses for his property. There is a slim chance commercial uses may be permitted (even if not permitted on your property). Second, check your shared driveway agreement. Even if you don't think you have one, there is probably language concerning the shared driveway (and it's uses) on both deeds. As a stretch, research the original subdivision grant for language dealing with access to the rear lot. It sound like you have a "flag lot" which is rarely permitted without a lot of zoning gymnastics.
And as always... It never hurts to consult a local lawyer. The initial consult is usually free.
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