Legal Question in Civil Litigation in New York

neighbor dispute

my neighbor has egress/ingress over my property and claims he can pave my gravel driveway without permission. Is he right?


Asked on 2/18/08, 7:19 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: neighbor dispute

A neighbor ordinarily cannot impose costs and expenses upon a property owner unless the deed/s or other document indicates that the property owner has an obligation to maintain AND IMPROVE the driveway. And, the property owner's failure to maintain or improve has created a hazardous condition; or is a breach of the property owner's obligation.

Suggest that you negotiate settlement of your dispute. Unless, one of you is moving, unless this matter is handled amicably, it can be a big mess for both of you for a long time.

Good luck,

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Answered on 2/18/08, 7:54 pm


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