builder of her home was ordered by town to construct road to the property. He failed to do so and then lost home to forclosure. Current owner uses my driveway as a means of egress. Can I legally deny her access, forcing her to construct a road at her own expense?.
More information may be needed to determine the rights of the parties with respect to this driveway/access road.
Based on the limited information above, you can legally block access to your private property. You should consult with an attorney on the best way to give notice to your neighbor that s/he will no longer be permitted to use your property as egress. If you and your neighbor cannot agree on a timeline for the construction of a new driveway, you could go to court and seek an injunction against your neighbor's use of your property.
There certain circumstances where the neighbor would be justified in using your driveway, so you should speak with an attorney before taking any further action.
Generally yes, but there may be exceptions the neighbor can allege. It is best to speak to an attorney about the specifics of your situation. Since you may be neighbors with this person for a long time, if an amicable solution can be reached that would be recommended.
There are several options to enforce your property rights. If the developer was ordered to construct a road and the road was not constructed you may wish to speak to the Building Inspector about the status of the property. Was an occupancy permit issued? The building of the road to provide egress and ingress to the property may have been a prerequisite to the home being habitable.
A notice of no trespassing can be sent to the neighbor. After receiving the letter, you may call the police to have the neighbor arrested for trespassing. The sending of the letter needs to comply with specific requirements. It is best to consult with an attorney to be sure that it is done properly and enforceable.
You can also file suit against your neighbor for damages, if any, and to obtain an injunction to prevent the neighbor from using your driveway.
It is advised that you speak to an attorney about your specific circumstances. Many attorneys, like myself, will provide an initial consultation at no cost.
This answer is provided for general, informational purposes to the "hypothetical" questions posted and does not create an attorney/client relationship. It is recommended that you speak to an attorney to discuss your specific legal issues.
C. Theodore MariolisReal Estate AttorneyLeominster, MA ·
This is generally a simple legal question, but in order to answer it one needs to understand the history of both properties. Usually, the use of a neighbor's property for purposes of access is based upon a previously recorded grant of that right (known as an easement). If your neighbor has a right to cross your property, this right may appear in his/her deed. It may show up in yours also. However, it may not show up in either deed. A title search will reveal if there is a deeded right of access.
In some rare cases, there may be a right of access even where no previously recorded easement exists. The law sometimes implies an easement based upon the circumstances. This is uncommon, but possible, particularly for properties were in common ownership.
From the facts you gave, it seems less likely to me that there was either an express or implied easement, but you won't really know without having the titles examined.