WWWTT Posted August 2, 2012 Report Posted August 2, 2012 and did this slip my memory...in my last home I shared a drive with my neighbour for years with no issues then he sold and moved into a smaller condo... the new neighbour for some unknown reason decides to build a fence on the drive which left me with 7'9" wide drive the tension between us was high to say the least since I could no longer access my garage...only the intervention of her brother-in-law a city building inspector saved the day, explaining to her what she was doing would devalue both our properties if I was unable to sell mine for top dollar(which was true)....she relented and took down the fence, I sold and got the hell outta there asap...lesson there was I should've paid the previous neighbour for a permanent use of small section of his drive not counted on a future neighbours good will... not having side by side drives was high on my list of priorities when I bought my new home... Yep very common to hear stories like this! WWWTT Quote Maple Leaf Web is now worth $720.00! Down over $1,500 in less than one year! Total fail of the moderation on this site! That reminds me, never ask Greg to be a business partner! NEVER!
Guest American Woman Posted August 2, 2012 Report Posted August 2, 2012 Well, it could very well affect one down the road. [...] You're right, it could be a problem down the road. I never thought of things such as the septic, for example, for which restrictions and distances are strictly enforced. I see it's quite close to the neighbors' house, too, which I didn't quite catch when I first read the article. I actually can't believe they can build less than five feet away from the property line. Yikes. That's close!! I guess inches does make a difference when they're that close. Quote
wyly Posted August 2, 2012 Report Posted August 2, 2012 (edited) However the front width only measures roughly 102' from iron surveyors pin to iron surveyors pin.I mentioned this to the real estate agent selling the place and he told me to just get title insurance if I was to buy the place.I sense a neighbour from hell on this one and will probably not put an offer in. WWWTT good call, my brother had a similar situation, a neighbour got really unhinged about property lines and even built a wall across a municipal road which he said was on his property...then there were the death threats when we were building a fence on the property line, scary stuff...eventually after a number of weeks he was arrested and the wall over the road was demolished...best to stick to the letter of the law and avoid legal hassles... Edited August 2, 2012 by wyly Quote “Conservatives are not necessarily stupid, but most stupid people are conservatives.”- John Stuart Mill
guyser Posted August 2, 2012 Report Posted August 2, 2012 ...in my last home I shared a drive with my neighbour for years with no issues then he sold and moved into a smaller condo... the new neighbour for some unknown reason decides to build a fence on the drive which left me with 7'9" wide drive the tension between us was high to say the least since I could no longer access my garage...only the intervention of her brother-in-law a city building inspector saved the day, Based on your post (maybe nota ll the facts) I think the intervention of the bro-in-law and his advice while helpful could and should have been stronger, as in tear down the fence now before you are in court type strong. There is an easement registered for shared driveways and any restriction placed on that easement (your inability to access garage) is breaking that covenant. Now of ocurse I realize what its like to deal with neighbours and that attempts at appeasement are cheaper than court, but the B-I-L should have spelled that out right away. But ya sold, so all good. Quote
wyly Posted August 2, 2012 Report Posted August 2, 2012 Based on your post (maybe nota ll the facts) I think the intervention of the bro-in-law and his advice while helpful could and should have been stronger, as in tear down the fence now before you are in court type strong. There is an easement registered for shared driveways and any restriction placed on that easement (your inability to access garage) is breaking that covenant. Now of ocurse I realize what its like to deal with neighbours and that attempts at appeasement are cheaper than court, but the B-I-L should have spelled that out right away. But ya sold, so all good. you may be right but I don't know, are shared driveways bylaws are the same across the country? I could have been paying a lot of lawyer fees for nothing plus the years it may have taken to get it done, and me sitting on a severely devalued property without practical access to the garage...had I lost such a legal gamble the damage would've been permanent and that fence would never come down as long as she lived there...and I'd be out at least a 150K...my only recourse would've been to rent my home out to the worst tenants I could find and drive her property value down until she came to her senses...the bro-in-laws advice and my agreeing to cut down a mature tree which shed leaves on to her property is what it took...I lost that battle but won the war...drove by there a year ago and fence never reappeared in the 12yrs since... Quote “Conservatives are not necessarily stupid, but most stupid people are conservatives.”- John Stuart Mill
guyser Posted August 2, 2012 Report Posted August 2, 2012 you may be right but I don't know, are shared driveways bylaws are the same across the country? Easements and restricting access laws are pretty much uniform. But, all good since you did witht the tree away. Quote
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