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Own Property Adjoining Rental Property

Having a dispute with a tenant or landlord? Rental Law discussion

Own Property Adjoining Rental Property

Postby Fearghall » Thu Nov 24, 2016 12:05 pm

We own property adjoining two rental properties owned by the same landlord.  We share a driveway with our property being at the end.  The problem is that they are constantly blocking the driveway so we have to either wait for them to come out(after honking our horn several times) or try to go around the vehicles, which means climbing the bank.  This is what I had to do most recently.  There was absolutely no room for an emergency vehicle to get through.  Do we have the legal right to call a tow truck and have them towed away?

ANSWER: There should be some sort of access agreement to cover the terms of the shared driveway, which hopefully will give you certain rights. If not, then you definitely have a problem on your hands. Have you tried to contact the other property owner for a meeting to work something out? Often that alone will solve the problem. No, you probably do not have the right to tow since that driveway isn't your exclusive property. If you can't work it out amicably, then you'll probably need to consult with a real estate attorney to explore your legal options.

---------- FOLLOW-UP ----------

Actually the driveway is an old abandoned road that was owned by the West Virginia Department of Highways.  My Grandparents bought the property back in the 1950's and the people that own the rental property, there grandparents used to own it.  We have talked with the property owners about the problem and they have informed the renters each time they get new ones but this last bunch that are renting both properties just don't seem to get it. I actually called them(the property owners)last night and I was told that they did not live there anymore.
Fearghall
 
Posts: 39
Joined: Thu Jan 23, 2014 4:16 am

Own Property Adjoining Rental Property

Postby Bankroft » Thu Nov 24, 2016 12:06 pm

You should probably send a written letter to that property owner, along with a reasonable deadline by which you expect some sort of resolution. If they don't respond, you'll probably need to get an attorney involved. I would not recommend towing unless you're certain the property is yours exclusively(which it sounds like is not), and unless you have the area properly posted with signage.
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Joined: Tue Apr 15, 2014 11:06 pm

Own Property Adjoining Rental Property

Postby Dikesone » Fri Dec 02, 2016 8:39 pm

We own property adjoining two rental properties owned by the same landlord.  We share a driveway with our property being at the end.  The problem is that they are constantly blocking the driveway so we have to either wait for them to come out(after honking our horn several times) or try to go around the vehicles, which means climbing the bank.  This is what I had to do most recently.  There was absolutely no room for an emergency vehicle to get through.  Do we have the legal right to call a tow truck and have them towed away?

ANSWER: There should be some sort of access agreement to cover the terms of the shared driveway, which hopefully will give you certain rights. If not, then you definitely have a problem on your hands. Have you tried to contact the other property owner for a meeting to work something out? Often that alone will solve the problem. No, you probably do not have the right to tow since that driveway isn't your exclusive property. If you can't work it out amicably, then you'll probably need to consult with a real estate attorney to explore your legal options.

---------- FOLLOW-UP ----------

Actually the driveway is an old abandoned road that was owned by the West Virginia Department of Highways.  My Grandparents bought the property back in the 1950's and the people that own the rental property, there grandparents used to own it.  We have talked with the property owners about the problem and they have informed the renters each time they get new ones but this last bunch that are renting both properties just don't seem to get it. I actually called them(the property owners)last night and I was told that they did not live there anymore.
Dikesone
 
Posts: 43
Joined: Fri Jan 03, 2014 1:08 pm


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