BiggerPockets

Here is my problem. I own a duplex and it shares a driveway with the house next door. That's not a problem, but the duplex behind mine, seems to think they can use my drive too. They use the back entrance of their apartments. They have their own drive, which is on a main highway, and less convenient, so the tenants and their friends use my drive.

The first complaint I received from my tenants was because the other tenant's friends were speeding through the drive and causing a safety concern with the kids in the area.

So, I contact the landlord of the other duplex and he claims that it is a "community drive" and when he owned my duplex, he was told that there was nothing he could do to stop other tenants from using it. He also made clear that he was not his tenants "father" but he would "express my concern" to her.

So I went over and asked them to stop using my drive, they claim their landlord said it was OK. I told them that they are trespassing and I needed it to stop. They agreed and everything has been ok for the past few weeks.

I get a call last night from my tenant and apparently they are using the drive again and their friends are even parking in my tenants' area. Before you say to put up a fence, there is no way to do this, because the house next to me still has to use the driveway.

I don't want to have to put out the money for a survey and a bunch of legal work to get this Slumlord to comply. What is the best course of action to take here? I need some out of the box ideas.

I don't understand how this drive could be considered a "community driveway" when they have their own drive, but how do, I prove this? I usually settle issues like this with a 2x4, but in this case, the landlord is a local business owner and I am sure he has better lawyers then I do.

Thanks Jon.. Here is the image, hope it works.
My duplex is 39, the duplex causing the issues is 42 and I share the drive with 40.

If you can't see this, then you can view it in my pictures under the duplex gallery. I will look over the deed again and see if I can find anything on it.

Thanks

And a link, because that picture is hard to see:

http://www.biggerpockets.com/photos/show/93967

I'm a software (and hardware) guy, too, but this stuff usually takes me several attempts, too. Now, if you want to know about SCSI mode pages, and I can help.

Anyway.

I think a fence is in order. You may have to get the owner of 40 to put up a fence on their short side, too.

The referenced page might be interesting. It might be online, or you might be able to have the recorder mail it to you.

Unless there's something in the deed that gives access, these people are trespassing. Unfortunately, it will be ugly for your tenants to have to deal with that. And may be tough to prove. Any attempt to deal with this is going to make the people in 42 even worse neighbors.

Jon, You maybe on to something even better. Instead of putting a fence up, may, a few wooden fence posts in just the right area's. Any idea what an ILC normally cost. I believe I would have to at least get one of those before putting anything in.

Great advice Jon.. I think I will rent a 6" auger and place some wood poles where a fence should be. As long as they are at least 3' out of the ground, this should be plenty of viewable area for people coming in. I will have to contact the landlord next door and see if I can put them on his property also, otherwise, it's not going to be fesiable.

I am also going to contact the County Recorders office and see if they will send me the records. It will save having to take a day off work.

Jaw, I was actually over there last night and caught the one tenant mid stream while she was using my drive. She said that her muffler was ready to fall off and using my drive was much better, because their drive is on the main highway and is in pretty bad condition.

What this really comes down to is the fact that I am dealing with a 20 year landlord in my area who refuses to deal with his tenants or his properties.

Like I said normally he'd be talking to the willows and it, but he is a wll known business man in my area, I have to treat him with kid gloves as long as I want to operate in the not so nice area's of town.

I have to play but their rules as long as I am on their block. Good landlord who take care of their tenants and property and very far and few in this area.