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Can the neighbors use the driveway as a parking spot?


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#1 acertim

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Posted 10 June 2014 - 07:57

I own and live in my house.  The house across the street is rented out.  It has 3 tenants with vehicles and the owner doesn't allow them to use the driveway.  It's hard to find parking on the block at night time so instead the tenants park in front the driveway.  This is directly in my way when I back out of my driveway, causing me to have to back up 2-3 times to avoid hitting them.  I've talked to the owner of the house, but that hasn't helped.  Is this legal?  Can I do anything about it?  I live in Queens, New York.




#2 Aheer.R.S.

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Posted 10 June 2014 - 08:01

Not sure about the US Laws, but I believe it's legal so long as they aren't blatantly blocking you access to your drive, does your deed clearly mark out the land in question?

(That might help)



#3 Marshall

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Posted 10 June 2014 - 08:05

Not sure of how reputable this site is, but here's some information - http://newyorkparkin...-you-read-this/

 

Edit: I'm pretty sure it's illegal in most, if not all states. You shouldn't have to maneuver a 5-point turn in order to get out of your driveway.



#4 OP acertim

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Posted 10 June 2014 - 08:10

I was actually reading the exact same site marshall.  Yes, my land is clearly marked, the house in question is across the street from me.  After speaking to the owner of that house, he's put up a no parking sign in the driveway, but the tenants there just ignore it.



#5 Aheer.R.S.

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Posted 10 June 2014 - 08:15

That sounds familiar, owner put up a sign, so now he's covered his ass, (Might be worth talking to a legal firm on this if no one else is listening)



#6 OP acertim

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Posted 10 June 2014 - 14:29

I've called 311 for housing complaints, but they've done nothing.  This has been an issue for almost a year now.  They even park in the driveway when there is an available street parking right next to them



#7 Nick H.

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Posted 10 June 2014 - 14:33

What does the owner want them to use the driveway for, then? :blink:

#8 +FiB3R

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Posted 10 June 2014 - 14:49

Leave a polite note on their wind-shields. If they haven't got the message after a few days, contact a privet towing company. I'm sure they would be interested in making some cash from illegally parked vehicles. :)



#9 jerzdawg

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Posted 10 June 2014 - 15:27

Maybe im not understanding the problem.  Why are you unable to back out of your driveway?  Are all driveways lined up in NY?  How is this any different if someone was parked on the street and your driveway was not lined up with the driveway across the street.  Can you draw a picture of the problem.. ?



#10 sc302

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Posted 10 June 2014 - 15:44

Because your driveway isn't technically being blocked I don't think it is illegal.  The issue is that the road is too narrow for you to get out of your place.  If they were blocking your driveway you could have them towed (within you right as it is technically yours).  The way I see it you have 2 choices, try to back in and see if that makes a difference or move to a area that supports you being able to back out of your driveway. 



#11 Rohdekill

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Posted 10 June 2014 - 15:51

I'm almost certain this is illegal.  Basic curb laws should apply.  States typically have a law which states you cannot park x feet from where a curb ends (example: you cannot park on a curb where it directly intersects with another street.  You must park x feet back (typically x being 15 feet)).

 

The curb technically ends and begins on the sides of the driveway.



#12 +Nik L

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Posted 10 June 2014 - 22:18

I can only speak for the UK, but if they are parked opposite a lowered driveway access, that is against road laws.



#13 perochan

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Posted 10 June 2014 - 22:25

might help a lot if you have some pics....



#14 Random_Larry

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Posted 10 June 2014 - 22:45

x2 for pics



#15 Brian M.

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Posted 10 June 2014 - 22:49

I can only speak for the UK, but if they are parked opposite a lowered driveway access, that is against road laws.

 

Ironically that's not actually the case - much to the annoyance I found out when dealing with my local council a while back when I was blocked out of my drive. The rule over here is that you cannot block somebody in a drive, but you can block them out (e.g. if nobody is parked on the drive, the dropped kerb is fair game to park on).