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acertim

Can the neighbors use the driveway as a parking spot?

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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.

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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)

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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.

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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)

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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

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

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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. :)

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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.. ?

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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. 

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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.

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

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

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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).

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I was taught what I said during my driving lessons.  This is my quarrel with road rules - you learn them when you learn to drive... But then that's it.  They can change, and who tells you?

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I was taught what I said during my driving lessons.  This is my quarrel with road rules - you learn them when you learn to drive... But then that's it.  They can change, and who tells you?

 

That should be the case - dropped kerbs/driveways should be off limits.

 

It's different for public ones (e.g. at crossings, pedestrian reservations, etc), however the law is so vague it's not really enforceable. The rules states you can't park where the pathway "has been lowered to the level of the carriage way". In reality, there's normally an inch difference, which makes the PCN supplied unenforceable.

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I was taught what I said during my driving lessons.  This is my quarrel with road rules - you learn them when you learn to drive... But then that's it.  They can change, and who tells you?

 

Well that's the thing. Its your job to keep up to date.

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Its your job to keep up to date.

 

And where are these new laws posted?  DVLA site is not obvious.

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Is it a deed-restricted community? They will likely have a provision in the by-laws that restrict on the street overnight parking.

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It's a motor vehicle violation to park a car in front of a driveway.  Call the police to have them ticket and/or tow the car away.  They will get the picture real quick when they have to pay the exorbitant high towing fees in NYC

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And where are these new laws posted?  DVLA site is not obvious.

 

Well I can't answer for your country. But among others the department that handles roads and vehicles have them, as well as any number of other sources.

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

 

Ignore the below, I didn't realise or read the 2nd page.

 

This is untrue, as long as you are not blocking their exit, you can park opposite a lowered driveway. It is illegal to park in front of a lowered driveway, but not if the driveway is empty, only illegal if you are blocking access to the highway but not to your drive, Well at least that's what the RAC man told me.

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I will take a picture later tonight when they get home

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And where are these new laws posted?  DVLA site is not obvious.

 

Probably somewhere obscure so the police can charge you with something you had no knowledge of

 

https://www.gov.uk/browse/driving/highway-code

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