Submitted by rh on Wed, 04/22/2009 - 21:03
Posted in
Live in single family home. My property goes within 6 inches of neighbors. My driveway is only 10 feet wide and 20 feet long. The only parking I have is in my driveway as I live on a main street and do run a business out of my home (Legall business with all permits from state and town).
So, my next door neighbor is putting in a new cement foundation, and I am told he needs to dig up my entire driveway to do this. My question is, do I have to allow him access to my own property? Does he have a right to disrupt my business? Can I put a stop work order if he comes on my property? What are my rights? Thanks for any laws that will help me or information. I live in MA.
Editor's Response
Hi RH. Generally speaking, unless your neighbor has some type of easement that allows him to use your land for this specific purpose, he/she has no right to do so. For the sake of good relations, you might discuss it with him and find out, exactly, what he needs and why. If he claims to have some right to rip up your driveway, you should definitely contact a local lawyer. However, the neighbor might offer to pay for your attorney to draw up a simple agreement outlining how long your driveway will be out of commission and requiring him to compensate you for lost business. Just a thought.
It is also possible the neighbor is relying on Massachusetts General Laws Chapter 266, Section 120B, which appears to allow a trespass for the purpose of making repairs. However, it is not clear to me how much damage that statute allows the trespasser to create and whether, as in this case, the trespasser would be allowed to disrupt business. If the neighbor is relying on that statute, again, I would recommend that you find a MA attorney who does real estate litigation. Good luck, and please tell your friends about The Forum.