Neighbor wants to widen my driveway??

[Six]

Long story short... Neighbor wants to build a home. Neighbor wants to widen my driveway because the fire codes have changed; it's much cheaper to widen my driveway. Fire marshall will allow him to build if his or mine drive is widen.

I'm ok with this since I'll be getting an upgraded driveway from asphalt to concrete. What are your thoughts on this?? What should I look out for?

I thinking...what if he bails out when the cost is much higher than he anticipated? But we can sign a legal contract? I'm wondering how enforceable that contract would be.

 

[Greenman]

Will the driveway be entirely on your property? Will the neighbor have an easement to use it? Who designs the new driveway? Are there utility's that will have to be moved or protected? Will the driveway be built by a licensed contractor, or a few of the neighbors buddy's?

Talk to an attorney about the contract, legal advice isn't my thing.

 

[Six]

Thanks. Good point on the utilities. Driveway is entirely on my property. Neighbor cannot use it, because it won't connect to his property. Neighbor is a general contractor who has and I have no reason to doubt that he will get all the necessary permits.

I'm going to find a real estate attorney once I have a written proposal. I am a newbie to construction, and I don't want to be caught with my pants down, and definitely don't want to stuck in litigation. Just need pointers of what to watch out for...from folks that's been in through this.

Maybe this is too much trouble? My driveway is fine.

 

[Ken g6]

If your driveway is widened for code reasons, do you have to leave some part of it unoccupied by cars? I wonder if that leaves you with more or less net parking space?

 

[paperfist]

Codes for driveways??!!?

 

[Greenman]

So the neighbor needs your driveway wider so a firetruck can reach his property? I'm guessing he needs the space for the new house and that's why widening your driveway makes sense?
If all that is true, and he does a proper job on your driveway, you come out way ahead.

 

[Kaido]

Codes for driveways??!!?

'Merica

 

[Carson Dyle]

So the neighbor needs your driveway wider so a firetruck can reach his property? I'm guessing he needs the space for the new house and that's why widening your driveway makes sense?
If all that is true, and he does a proper job on your driveway, you come out way ahead.

That is IF you have some overwhelming desire to have a wider driveway. In and of itself, I don't see the advantage. Another parking space in your front yard? Whoopee.

If this guy is building new, how could it possibly be cheaper to widen a neighboring driveway rather than doing so with the driveway for the new home?

Are these houses far from the street?

 

[Kaido]

Long story short... Neighbor wants to build a home. Neighbor wants to widen my driveway because the fire codes have changed; it's much cheaper to widen my driveway. Fire marshall will allow him to build if his or mine drive is widen.

I'm ok with this since I'll be getting an upgraded driveway from asphalt to concrete. What are your thoughts on this?? What should I look out for?

I thinking...what if he bails out when the cost is much higher than he anticipated? But we can sign a legal contract? I'm wondering how enforceable that contract would be.

So:

1. He needs your driveway to be bigger in order to build his bigger
2. He is willing to pay the full cost to have yours replaced & upgraded
3. It is cheaper for him to pay for that, than other methods
4. You end up with a free, bigger, better driveway?

Sounds like a great deal, but I would absolutely get a binding legal document signed with clauses for both (1) that the full amount of the cost will be paid for by said neighbor (including anything unearthed that wasn't originally in the plan, like having to relocate utilities under the driveway or whatever), and (2) that it will be done within a specified timeframe so you're not stuck with an unusable driveway for an extended period of time.

 

[boomerang]

This sounds very strange to me and that always makes the alarm bells go off. But it's not my house so I can ignore them.

 

[NetWareHead]

Id talk to your town's code enforcement first and see why exactly he needs you to have a wider driveway. And what consequences this will have for you and how you use the driveway in the future.

 

[Greenman]

This sounds very strange to me and that always makes the alarm bells go off. But it's not my house so I can ignore them.

My hunch is that it's an access issue for fire trucks, and by making the op's driveway bigger the neighbor ends up with more usable lot. I would expect there to be an easement attached, otherwise the OP could rip out the driveway and the neighbor would have a nonconforming lot.

 

[Humpy]

Maybe this is too much trouble? My driveway is fine.

Stop. Forget about it. It is too much trouble.

You must have something you'd rather be doing than discussing your driveway with an attorney for the benefit of someone else. And I'm sure you'll wonder what you got yourself into on the day the crew shows up to make a huge mess ripping out your current driveway and you realize you have to park in the street for a few weeks. Even more so on the day you hire your own crew to come remove and replace the craptastic driveway your neighbor, who will have already moved away by that time, built for you at the lowest possible cost he could.

 

[NetWareHead]

My hunch is that it's an access issue for fire trucks, and by making the op's driveway bigger the neighbor ends up with more usable lot. I would expect there to be an easement attached, otherwise the OP could rip out the driveway and the neighbor would have a nonconforming lot.

If this is the case, it sounds like the neighbor wants to build his house abutting right up to your property line and your driveway would serve as access for the fire truck. How do you feel about having your neighbor's house even closer?

 

[Six]

Good points about whether parts of the road needs to be unoccupied and having a timeframe.

Yeah. I live in the nanny state. I was told it's difficult to build anything new without over 100K in permit fees. New code this past April says fire truck needs 16 feet wide road.

Private road to neighbor's property is shared by 11 other homes and is 8x-9x longer with concrete segments. Mine is just me, all asphalt.

 

[Six]

If this is the case, it sounds like the neighbor wants to build his house abutting right up to your property line and your driveway would serve as access for the fire truck. How do you feel about having your neighbor's house even closer?

Yeah. The wife didn't like that part.

 

[Six]

Stop. Forget about it. It is too much trouble.

You must have something you'd rather be doing than discussing your driveway with an attorney for the benefit of someone else. And I'm sure you'll wonder what you got yourself into on the day the crew shows up to make a huge mess ripping out your current driveway and you realize you have to park in the street for a few weeks. Even more so on the day you hire your own crew to come remove and replace the craptastic driveway your neighbor, who will have already moved away by that time, built for you at the lowest possible cost he could.

I might skip out because of that. I don't need a new driveway, even though the neighbor promised the new one will look a lot nicer...designed as we liked.

 

[Thebobo]

Codes for driveways??!!?

Oh yea we have some codes in the county I live in where you can only pave a percentage of your lots size. Before that folks would their whole lot front and back. Its real good for property values.

 

[monkeydelmagico]

Hell yeah..... Cha Ching! Tell him to submit the driveway plans and costs to you. Then have others come and bid the job. Top dollar no expense too high. Then triple the highest bid for future "costs and maintenance" and submit the bill to the neighbor. Should be a tidy sum.

If he bites you know the upgrades he is planning will also benefit your property values. Another win for you. All that for the off chance a fire truck might need to use your driveway someday? Yeah I'd do it.

 

[herm0016]

also, watch out for a easement play. if he pays for that, and then claims its necessary for his home, I could see them trying to force you to grant an easement and then you will loose the driveway property but still have to take care of it.

 

[Sgt. York]

If this work turns your driveway into a fire access road, what are the chances you will not be able to park there? On your own driveway. Because it's a fire access road?

I wouldn't do it. For all you know your 'neighbor' is building a spec house.

 

[paperfist]

Who maintains it?

At least where I live bigger means more snow to move. You said it's concrete but if done wrong who deals with cracking, spalling and replacement?

 

[Six]

Ok...you guys scared me out of it. Don't wanna deal with all those potential problems, especially the easement part.

Thanks for the help!

 

[Carson Dyle]

I'd really like to hear more particulars. I can understand building codes requiring a minimum driveway width, but the whole thing about a neighbor's driveway? Are your two houses set well back from the street, so that if there were a fire, engines would be required to use one of the two driveways? What's the difference in driveway width between what they want to build and what is being required of them?

 

[Greenman]

Ok...you guys scared me out of it. Don't wanna deal with all those potential problems, especially the easement part.

Thanks for the help!

You really should speak to your neighbor before you make a decision. You're getting advice from a bunch of guys who don't know the entire situation.