Neighbors' war over wall, driveway lands in court
“Using a neighbor’s driveway to turn around in is a common act,” the opinion states. “Landowners who permit such acts out of neighborly accommodation would likely stop doing so if their continued accommodation meant that they would one day lose the power to control development of their land.”
“You could shimmy it in, maybe, but you can’t use it like the two-car garage it was designed to be.”
If "Foleoney", or whatever his name is can't get two cars in that garage with the retaining wall as shown in the picture, he shouldn't be driving. 😉
Just my 0.04'
Have a great weekend! B-)
:good: Agreed, He must be driving two suburbans. Love them, but can't make a U-turn in a five lane road with one. I could back by 15 passenger Ford van in there with another car already in it 😀
We live in a very sad world. Idiots like Feloney prove this every day.
Feloney is a Urologist but maybe an idiot in relation to operating motor vehicles. An arrogant fool too.
>Feloney had been using it to gain access to his garage since he moved into the house in 2006. In addition, Feloney learned that the former owners of his house used Baye’s driveway in a similar fashion for years.
Sounds like his lawyer failed to get testimony as to the prior owner's usage. Feloney probably didn't have enough time per prescription?
I like the logic of the supreme court. Where they said that it would set a bad precedent.
Nate
The Court ruled it was a neighborly accommodation which I take to mean it doesn't meet the hostility requirement of a prescriptive easement.
I turn my lawn mower on my neighbor's lawn but if he ever wants to build a fence on the lot line I wouldn't claim I have an easement for my lawnmower.
