I have a problem with a neighbor. They have put up a gate at the entrance to my home. There has been no survey to show whether the driveway belongs to them or me. Please help, what can I do, do I have that right to move the gate? I don't have the money to pay for a survey, but I do need a way to get into yard. My grandmother, who lives with me is very old and sick alot, I am afraid that if needed an ambulance would not be able to get into my yard to help her, if something should happen.
2006-08-18 14:34:46 · 15 answers · asked by tracy_b 1 in Politics & Government ➔ Law & Ethics
If you have already engaged a lawyer then why are you here for help . Because your lawyer must be knowing well about it and he can give you best advice. After all you are paying him for that only.
2006-08-24 07:43:42 · answer #1 · answered by King of the Net 7 · 13⤊ 0⤋
Actually, I live in Texas and I have "shared" driveways on both sides of my property. My husband was very sick before he passed and my fears were the same. TYPICALLY, both your property and your neighbors property is included in the driveway, hence "shared" and they have no legal right to place a gate. An old survey, or the plot information which resides in your local tax offices will show if it is indeed a "shared" driveway. If it isn't, you can file with your county precinct judge to have the case reviewed and fixed. This is all assuming that you have a rocky/nonexistent relationship with your neighbor and cannot settle with them. If it is a shared driveway and the problem is temporarily fixed, but pops up again later down the road, you can go forward and force them legally to create their own access on their own property. Again, I live in Texas and the laws my be different in your state.
2006-08-25 18:16:54 · answer #2 · answered by joycaro 3 · 0⤊ 0⤋
You will need to show that the fence is on a shared driveway, and therefore you will get a say as to whether or not the gate should stay or go. You also should show that the gate there will place your grandmother in potential danger, or that loss will be suffered from the establishment of the gate.
2006-08-18 21:50:28 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Make sure that when you bought your house there was not an old survey included in the paperwork. All alnd should be surveyed at one point or another. If there is nothing on file with the courts or anything then me being the *** that I am would run it over with my truvk. If you cant prove it's your driveway then they cant prove it'd thiers either. Sometimes you have to play hardball. What are they gonna do call the cops it"s not heir land. All they can do is take you to civil court. I would also consider doing that as well, but without evidence it will be hard.
2006-08-18 21:43:30 · answer #4 · answered by yummymummy 3 · 1⤊ 0⤋
Unfortunately you are going to need to get that survey done. If that property is yours and you allow them to possess it for a certain period of time (different in each state), then it could easily become their property by default. Each day that passes is bad. You can just acall your neighbor out on it and tell them they have 1 week to remove the gate from your property or you will have it removed. If they claim the property is theirs, then make them prove it.....thus alleviating you from the burden of paying for the survey.
You could always look at the lot diagram, which you can get from your local Recorder of Deeds office, and perhaps from the you can determine it without a survey.
2006-08-18 21:44:37 · answer #5 · answered by tjjone 5 · 1⤊ 0⤋
You are able to call the city government, and they will have a map that draws out your property line and your neighbors.
Until then, your neighbors can not make it so you can't exit your home. It is false imprisonment, and it is against fire and safety codes. I would call the police if this is interfering with your ability to get in and out of your home. They can make your neighbors remove the gate until things are settled. But call your city government and tell them what you are looking for. They will tell you who to contact.
2006-08-18 21:42:46 · answer #6 · answered by volleyballchick (cowards block) 7 · 1⤊ 0⤋
If you have a lawyer, why are you asking this question? If you don't have a lawyer, you need a lot more help than you're going to get here.
Where were you while the gate was being put up?
2006-08-18 21:52:41 · answer #7 · answered by thylawyer 7 · 1⤊ 0⤋
i hope i can help u but look in ur phone book for housing n fire inspections n notify them of ur situation.....that housing inspector can remove that fence right then...i dont know whats wrong with ppl these days but am sorry that this has happened to you...as for the lawyer that cant read ur question very well...he could have given u some advice instead of given unprofessional n rude comments.....
2006-08-25 03:31:02 · answer #8 · answered by purrdykitten2003 3 · 0⤊ 0⤋
your neighbor had to get a survey to get the gate put up, go to court and access his.
2006-08-18 21:54:50 · answer #9 · answered by st pete rn 3 · 0⤊ 0⤋
Most states have the "right of way" laws to prevent being "land locked".......in other words they are not supposed to blok private nor public used areas unless they own it and are the only ones to use it.
2006-08-18 21:46:57 · answer #10 · answered by John H 2 · 1⤊ 0⤋