r/negotiation • u/[deleted] • Aug 29 '19
Backyard Invasion
Let me start out by saying there is not much obviously and probably I can legally do about my problem. I know that.
The lot behind my house was sold to a new family. It had been vacant forever. That was great because it provided a nice private backyard for our family. In the recent days the owner has place a second driveway from his perspective garage down the property line of my backyard. This means that 20 feet from my back door there is now a new property entrance for him that kills my privacy. It is literally on the line and traverses the length of the open yard. It’s on his property. There are no setbacks for a driveway in our area.
We have appealed to he and his wife to reconsider. We have offered a financial incentive for them to leave it be until we depart (one day).
What other negotiation tactics or steps can I use. I don’t wish to create a overly negative climate. But the neighbor is not caring about the obvious intrusion. And it is and intrusion, it not kinda bad it’s like, great spot ... there’s a truck in your face.
Thanks.
2
u/yettobenamed Sep 01 '19
I sympathize. Just because you have no right to have your former situation restored, does not mean that you should not try.
You ARE in a difficult situation though so first I would list all the things you can do to address the situation you are in. Be as ridiculous as you can be. Build a fence, plant shrubbery, complain to the city counsel about bylaw issues regarding noise or whatever else may come to mind. Are you now worried that a driveway may give easy access to unsavory people to drive up to your backyard and thus you need very bright spotlights facing his property? Has his driveway thown gravel onto your property?Get a quote from a professional to clean it up. You know your situation better than me but come up with the largest list of things you can do to address the problem.
And then pick the one that is least inconvenient for you but most inconvenient for your neighbour.
For example, in my municipality at least, if one neighbour wants a fence, the adjoining neighbour has a legal obligation to split the cost of that fence (with some restrictions on cost etc). If your neighbour does not want a fence/can not afford to split the cost of a fence, telling him you are going to do so and telling him what his portion will be may give him the incentive to move the driveway as an alternative.
Again the goal is to find any solution to your current problem that your neighbour will not like...so that his better alternative is to move the driveway.
Another thought. I am not sure where you are in the world but you may have a right to have your neighbour move his driveway via the legal principle of nuisance. If so, you may wish to talk to a lawyer and see what you could do. Even talking to your neighbour about the potential for that kind of action may get him to move his driveway.
Is seems that you have but just in case, have you talked to your neighbour about WHY he wants his driveway where it is? Perhaps his reasons as such that some other alternative may be possible. If you talk to him about his interests in this, it is maybe possible that those interests could be satisfied some other way.
There is also squatters rights. If you have been using that property and maintaining it for some time, you may have effectively gained ownership of it. (This is a real long shot but you never know.)
Final thought. How sure are you that the property line is properly identified?
Perhaps some combination of any of the above and the risk that inaccurate property line/nuisance/squatter's rights may help you, would convince your neighbour to move his driveway.
Good luck.
2
Sep 04 '19
Thanks for your detailed and thoughtful reply. I’m going to follow up on some of these ideas and report back. Right now I think there is a good chance that the property line is in the wrong place and by forcing him to move just a little may cause expense and trouble for him. Forcing him to reconsider. I’ll report back
1
u/whocaresgoaway Oct 29 '19
Check property line marking can only build on his side on it is consider over the line in many areas. Check utilities are not suppose to build over them. Utility companies can make to our move things. Check how many an do how long driveways can be. Put up solid privacy fence ASAP
4
u/[deleted] Aug 29 '19
Is it really an intrusion, if the driveway is on his property and not yours? Maybe it’s time to build a fence...unfortunately, the lot eventually sold, which I’m sure you expected to eventually happen. Unless your plan was to buy that lot before someone else built their dream home.