Lawyer well-versed in neighbor disputes

[hahathor.livejournal.com]

I'm having some issues with my neighbors about use of a shared private way. I've been trying for several years to have a civil conversation with them about how we can best utilize our shared property so that we both can get the use we want out of it. However, they have become increasingly hostile toward me & it is getting to the point where it is difficult if not impossible for me to access my property, and damage has been done to both my house & my vehicle. I don't particularly want to bring this to court, but it's really getting intolerable, and I'm hoping that a lawyer might be able to provide some advice on the best way to handle this. The few real-estate lawyers I have contacted deal primarily with closings, and I think I need some one with direct experience in neighbor disputes.

Recommendations gladly accepted.

Comments

[turil.livejournal.com]

If they are blocking access to an egress (not giving you at least 3 feet of walkway to any exterior door or fire escape, you can call the fire department and/or DPW which inspects for public safety and fire violations. We had an evil landlady once who had a dumpster parked in the not-really-wide-enough-to-be-a-driveway bit of land on the side of the house, so that it completely blocked access to the back door/yard. I called the DPW and they came by within an hour, and then called the landlady and made her move it.

I also had a lovely upstairs neighbor who, after being asked very nicely to leave some space on one side when she parked her car (in the shouldn't-have-been-a-driveway) so that everyone could get into the back of the house, parked not just smack dab in the middle of the space, but actually butting up against the gate opening, so that the only way to get into the back of the house was to climb over her car. I did and got sued by her car insurance company. Fun! But at least the whole deal made the landlady realized (after talking to a lawyer) that she was indeed legally responsible for making sure that the path to the back was always clear, and the problem never happened again.

Anyway, yeah, good luck with the negotiations. And do try calling the DPW at least, if there are any clear violations of access.

[hahathor.livejournal.com]

Thank you for your suggestions.

[docorion.livejournal.com]

A. Joseph Ross is my go-to guy for real estate/landlord-tenant stuff. Find him at his website (http://www.attorneyross.com).

[hahathor.livejournal.com]

Thanks for your suggestion.

[anyee.livejournal.com]

Let me second him. I called him re: my bedbug issues and I found his advice very straightforward and easy to understand. Depending on how things go, I'd hire him in a heartbeat.

[hahathor.livejournal.com]

Hmm, his site suggests that he's dealing almost exclusively with tenant/landlord issues. That's something I've fortunately never had to deal with; I have had consistently wonderful tenants, and they've always been happy us. But I'll keep him in mind if things change, and maybe I'll contact him if I can't find someone with more direct expertise.

[narya.livejournal.com]

I would suggest calling him, explaining the problem, and if it's not something he can deal with just ask him to refer you to somebody. If he doesn't handle issues like this then he probably ends up making a lot of referrals and is likely to know who is good.

[teele-sq.livejournal.com]

i hope he isn't your go-to guy for web design stuff.

[docorion.livejournal.com]

Well, no. But he's a very good lawyer. He gave me good advice, and arranged very fair terms in a dispute I had with Northpoint (now Archstone Northpoint) some while back (I had put down a deposit on a unit, which did not complete in the contracted time. I demanded my deposit back, Northpoint desired that I sign a complex NDA before giving it back. I was disinclined to acquiesce to their request, lawyered up, and presently got my deposit back after signing a receipt for it. Case closed, me happy).

[rozasharn.livejournal.com]

Real-estate lawyers do deal primarily with sales. Your issue sounds like what's called 'neighbor law'; try asking for a lawyer who specializes in that.

[hahathor.livejournal.com]

Thanks! I've been getting frustrated with my lack of ability to find the right type of person, but knowing the right terminology will likely help.

[zmgmeister.livejournal.com]

Is this a private way as in it's a road that only abutters can park on, or is this a shared driveway where you each have an easement on each other's deed?

P.S. Does anybody know what the legal status of a road marked "private way" is in Massachusetts? Certain neighborhoods ( the more "suburban" parts of Medford come to mind ) have "private way" marked on their street signs, but it's by no means a gated-community situation.

[ron_newman]

Somerville has lots of these as well, such as Chester Place near Redbones. If you were around there yesterday afternoon, you may have heard a loud marching band ;-)

Residents of private ways have to manage their own parking, including having non-resident cars towed away if necessary.

[kpht.livejournal.com]

I'm pretty sure it means that the residents of the way are responsible for paving and plowing instead of the town.

[zmgmeister.livejournal.com]

I've heard that before, but I have a hard time picturing someone taking up a collection for plowing and especially paving. Homeowners association-type arrangements aren't too big in these parts.

[kpht.livejournal.com]

We're on the corner of a regular street and I guess what was a private way, or maybe still is, although it's marked as a regular street. Apparently before I moved in here, my husband found out that the plow the private way hired did damage to our stone wall that runs along the way, and he couldn't go through the city to recoup any costs, he had to repair the wall himself. I'm not sure why he didn't go to small clams court over it, honestly.

[artguychris.livejournal.com]

I live on a private way in Somerville. According to the DPW, the city isn't allowed to use state funds for plowing or road repair. So you're pretty low on the priority list to get your street paved, though ours was redone a few years ago. In practice, it doesn't make much difference. Utilities must repair any holes they dig and the street is plowed by the city.

The big deal is that parking is limited to residents and abutters. Residents can sign a petition to exclude the abutters and erect a residents-only sign.

[hahathor.livejournal.com]

What exactly is the difference between a resident and an abutter? The laws concerning private ways are mind-bogglingly byzantine.

[zmgmeister.livejournal.com]

So, (@artguy) who physically owns the street? Do you own out to the middle of the street but grant an easement to everybody else, utilities, etc, or is the street owned by some other entity like a trust?

paving

[kalimba21.livejournal.com]

I live on a private way and I'm not sure how the footage is divided up. The city plows (though I'm told they aren't supposed to?), but the plows have torn up the way and it is completely crumbling and turning into a dirt road with dangerous chunks of asphalt littering the way which get worse every week. My neighbors have no interest in contributing towards resurfacing. Will this just decompose forever? I really don't know where to go with it.