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Trespassing in neighbor's driveway



 
 
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  #1  
Old April 30th 07, 10:21 PM posted to alt.law-enforcement,misc.legal,rec.autos.driving
¥ UltraMan ¥
external usenet poster
 
Posts: 102
Default Trespassing in neighbor's driveway

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



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  #2  
Old April 30th 07, 10:51 PM posted to alt.law-enforcement,misc.legal,rec.autos.driving
C. E. White[_1_]
external usenet poster
 
Posts: 933
Default Trespassing in neighbor's driveway


"¥ 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. 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). I am not sure I can call someone using the
claimed right of way a trespasser. 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. A sub-division map would be your
best way of checking.

Ed



  #3  
Old April 30th 07, 11:04 PM posted to alt.law-enforcement,misc.legal,rec.autos.driving
¥ UltraMan ¥
external usenet poster
 
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



  #4  
Old April 30th 07, 11:32 PM posted to alt.law-enforcement,misc.legal,rec.autos.driving
Dave
external usenet poster
 
Posts: 408
Default Trespassing in neighbor's driveway


"C. E. White" > wrote in message
news:46366567$1@kcnews01...
>
> "¥ 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.



Good point. Where I live, if there was a sidewalk, the closest edge of it
would be at least 10 feet from my property line. I suspect that the
neighbor is getting upset about someone using public property to turn around
in. -Dave

  #5  
Old April 30th 07, 11:35 PM posted to alt.law-enforcement,misc.legal,rec.autos.driving
sinister
external usenet poster
 
Posts: 1
Default Trespassing in neighbor's driveway


"C. E. White" > wrote in message
news:46366567$1@kcnews01...
>
> "¥ 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. 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). I am not
> sure I can call someone using the claimed right of way a trespasser. 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. A sub-division map
> would be your best way of checking.


Thanks for the informative reply.

Cheers.

> Ed
>
>
>



  #6  
Old May 1st 07, 12:18 AM posted to alt.law-enforcement,misc.legal,rec.autos.driving
[email protected]
external usenet poster
 
Posts: 530
Default Trespassing in neighbor's driveway

> 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?

It's interesting how people seem to think they are somehow entitled to
other people's property. I recently had some issues with neighbors
thinking they could park in my driveway at will to make access to
their cars more convient, even if this made access to our cars on our
land next to impossible. The problem has since been handled, but the
responses I got during the episode were amazing.

> The state claims either a 30 or a 40 foot right of

way from the centerline of all the county roads

My living room is within 30 feet of the center of the road I live on.
Rest assured, that *is* my property and trespassers will be handled
accordingly.

Also, if you continue to agitate your neighbor by entering their
property after notice not to do so, they're likely to return the
love. What will you do when you run over the nails they just happened
to drop in the driveway? It's their land, they have no requirement to
keep their driveway up to your standards.

I'd suggest that by continuing to trespass on private land you've been
told to stay off you are going to escalate an unnecessary situation.
I'd recommend staying off of this persons land. I'd also be willing
to wager that you have no legal right do drive on their private
property, putting you in a situation where you run the risk of not
only creating a larger battle where said battle need not be but one
that you'll lose as well.

If nothing else, it's certainly not neighborly to disregard your
neighbor's wishes about trespassing on their land.

By any chance, is one of the parties in question renting while the
other is a homeowner?

  #8  
Old May 1st 07, 02:43 AM posted to alt.law-enforcement,misc.legal,rec.autos.driving
steve
external usenet poster
 
Posts: 4
Default Trespassing in neighbor's driveway


"¥ UltraMan ¥" > wrote in message
...
> C. E. White wrote:
>> "¥ UltraMan ¥" > wrote in message
>> ...



>> 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.


In some localities the sidewalk including curbs and curb cuts are required
to be open to the public and the property owner is still required to
maintain them. BTDT.

The crux of this issue would seem to be if the OP is using the curb cut or
if he is going beyond the sidewalk. The former IME is quite legal.

I have neighbors who were really touchy about that. I would accommodate
them but would be amused when they would gibber about others who "invaded
their space" while turning around or walking/jogging.


  #9  
Old May 1st 07, 03:27 AM posted to alt.law-enforcement,misc.legal,rec.autos.driving
Harry K
external usenet poster
 
Posts: 2,331
Default Trespassing in neighbor's driveway

On Apr 30, 5:28 pm, "Fred G. Mackey" > wrote:
> wrote:
>
> > If nothing else, it's certainly not neighborly to disregard your
> > neighbor's wishes about trespassing on their land.

>
> I'm not sure if this can be defined as trespassing - perhaps it can be -
> the private property arguments are convincing, but nonetheless, if the
> guy is mereley using a few feet of driveway to turn around, it's not
> very neighborly of his neighbor to get their panties in such a twist
> over it.
>
> I've used neighbors drivers before, and they've used ours - NOT to park
> in, but to ease turning around or pulling out when there are multiple
> vehicles blocking one that needed to get out.
>
> Unless the neighbor wants to put up a gate (which is probably prohibited
> by the HOA), there's no way to stop a stray vehicle from doing exactly
> the same thing.
>
> Some people just need to relax a little and deal with the
> inconsequential things that happen in life.


Yep. And if the neighbor does get her panties in a bunch about it, it
is much better to just go along with her vice starting a neighbor
feud.

Harry K

  #10  
Old May 1st 07, 03:31 AM posted to alt.law-enforcement,misc.legal,rec.autos.driving
Nate Nagel[_2_]
external usenet poster
 
Posts: 4,686
Default Trespassing in neighbor's driveway

Harry K wrote:
> On Apr 30, 5:28 pm, "Fred G. Mackey" > wrote:
>
wrote:
>>
>>
>>>If nothing else, it's certainly not neighborly to disregard your
>>>neighbor's wishes about trespassing on their land.

>>
>>I'm not sure if this can be defined as trespassing - perhaps it can be -
>>the private property arguments are convincing, but nonetheless, if the
>>guy is mereley using a few feet of driveway to turn around, it's not
>>very neighborly of his neighbor to get their panties in such a twist
>>over it.
>>
>>I've used neighbors drivers before, and they've used ours - NOT to park
>>in, but to ease turning around or pulling out when there are multiple
>>vehicles blocking one that needed to get out.
>>
>>Unless the neighbor wants to put up a gate (which is probably prohibited
>>by the HOA), there's no way to stop a stray vehicle from doing exactly
>>the same thing.
>>
>>Some people just need to relax a little and deal with the
>>inconsequential things that happen in life.

>
>
> Yep. And if the neighbor does get her panties in a bunch about it, it
> is much better to just go along with her vice starting a neighbor
> feud.
>
> Harry K
>


I laugh at people that turn around in my driveway. The crunching sound
of their air dams hitting the ground amuses me.

nate

(it's not so funny when you're trying to get your own car into the
driveway...)

--
replace "roosters" with "cox" to reply.
http://members.cox.net/njnagel
 




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