Shared driveways: How to deal with a bad neighbour
There's no magic wicket at City Hall to get your neighbour to stop blocking a shared driveway but you do have legal options
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There's no magic wicket at City Hall to get your neighbour to stop blocking a shared driveway but you do have legal options
Q: My neighbour keeps blocking our shared driveway with his van. What can I do about it?
—Driven to Tears, Calgary
A: All too often neighbour spats spiral out of control, so try to stay calm and just start with gentle verbal reminders, says Toronto real estate lawyer Bob Aaron. If that fails, “unfortunately, there is no magic wicket at City Hall to get your neighbour to stop.” Your next move would be to have a lawyer write your neighbour a letter, and if that falls flats, take him to court. “Hopefully, your neighbour would look at the court paperwork before any litigation starts and decide to park elsewhere,” says Aaron. If not, you’ll have to litigate your case and get an injunction against him. The cost? Between $10,000 to $20,000 as well as two years of your time. “If the order goes against the neighbour, and he continues to park there, he will be in contempt of court and be fined—or even imprisoned,” says Aaron. So for now, try to talk through the problem. Good luck!
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Isn’t there a city bylaw stipulating that autos must be parked a certain distance from the edge of a driveway? The Ontario Highway Traffic Act stipulates that one metre and a half is the distance required from a driveway entrance. Bylaw will ticket the car if it less then that space if you call them to enforce the Traffic Act.