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Old April 30th 07, 11:04 PM posted to alt.law-enforcement,misc.legal,rec.autos.driving
¥ UltraMan ¥
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Posts: 102
Default Trespassing in neighbor's driveway

C. E. White wrote:
> "¥ UltraMan ¥" > wrote in message
> ...
>> sinister wrote:
>>> Because of the layout of our street, I often turn my car around
>>> using
>>> the neighbor's driveway.

>>
>> Trespassing.
>>
>>>
>>> The neighbor apparently isn't happy with this. Instead of politely
>>> expressing her desire I not use her driveway to turn my car around,
>>> he
>>> behaved in an extremely uncivil fashion.

>>
>> You are trespassing.
>>
>>
>>>
>>> Which raises the following question: does a homeowner have a right
>>> not to allow you to pull into their driveway with the purpose of
>>> turning around?

>>
>> Just how pig-ignorant are you?
>>
>>>
>>> In my case, I'm using very little of her driveway to do so.
>>> (Meaning
>>> the front of my car never gets past the sidewalk in front of the
>>> property.)

>>
>> What part of Trespassing don't you comprehend?
>>
>>>
>>> TIA

>
> It might depend on how far into the driveway you pull. For my old
> house, my property line was inside the edge of the sidewalk. The
> city's right of way therefore extended at least four feet from the
> edge of the street.


Nope. If as you claim your "property line" ended at the inside edge of
the sidewalk, then the rest of the property was *owned* by the city,
and not an "easement" as you erroneously assert.

If that driveway entrance and sidewalk was an easement to the city,
they YOU were/are the owner, and as such are responsible financially
for repairs/damage to that property.


>The state claims either a 30 or a 40 foot right of
> way from the centerline of all the county roads. This puts the edge of
> the state's right as much as 10 feet into some of my fields (depending
> on the road layout).


Yep.

> I am not sure I can call someone using the
> claimed right of way a trespasser.


If they are causing damage to it, you can hold them liable, as you
are liable financially when the city demands that you repair the
sidewalks/driveways
inside that easement.


> I think this is a case where you'd
> need to consult the property maps and check the state right of way
> rules before you start shooting. I'd guess as long as you don't go
> past the line formed by the telephone poles or boxes, you are likely
> still on the city/state right of way


Bull****. Unless he is a Phone Co employee, he has no right to the Phone
Company's easement
on your property.


>. A sub-division map would be your best way of checking.


Or just stop using the neighbors driveway, eh?


>
> Ed



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