When I moved into our new house which sits in close proximity to other neighborhood homes. I looked forward to meeting my three abutting neighbors. Within a few weeks, one of them had approached us about splitting the cost of replacing THEIR aged fence. Another abutter began to harass us about pruning our hedge so they could have a water view, even though this meant we would have to look at their house as a result, and our third neighbor refused to shake my hand or exchange pleasantries because we wanted to put in a garden our land, which they believed erroneously, that they owned. I have consistently had to exert a friendly calm demeanor in the face of serious childishness. Some folks ought to live in the country, on bigger lots where they can control a buffer zone.
2
Isn't this known as "tortious interference?"
2
The solution is obvious and the realtor should have offered this in the first place.
List the home in the usual way but no open houses and no For Sale signs in the front. Buyers see the house by invitation only. The neighbor wont know when potential buyers are coming and the neighbor cannot walk into the house during a private showing.
28
My husband and I are about to close on our 5th house -yes, we change houses, not spouses. We've looked at about 60 houses, mostly by driving by them and getting out if we thought they were interesting. One house, cute as all get out, had what looked like any empty lot next door. When we got out of the car to see the for-sale house closer, the wind shifted and a terrible odor of something very dead came from the empty lot. Looking closer, we saw a posted eviction warning notice peeking through the vegetation. Needless to say, we got back in the car in a hurry. I did feel terribly sorry for the seller.
1
A shared driveway with a hostile neighbor is a relationship primed for disaster.
I will add shared driveway to the list of no deal transactions along with double yellow, commercial neighbor, main road and oil / propane.
10
no houses with oil or propane heat? Why. electric is crazy expensive and natural gas has its own explosive deadly dangers. In NJ where you live you are immediately eliminating a majority of houses.
7
When I read the part about the owner or broker "explaining to the neighbor" I thought of a Brady Bunch episode in which a bully was menacing Peter and the parents each went over to "reason" with the bully's parents. Of course it did not work.
This neighbor sounds like a wacko that does not only have an issue with the letter writer, but with everyone on the block. If he only disliked the seller, he'd be thrilled that the letter writer is leaving. Heaven help the person that buys that house as they are in for it.
As for the person buying being "ready" for a confrontation, that makes me sad. Someone purchasing a home should be focused on the happiness that comes with finally being able to buy, decorating and enjoying their new digs, not preparing with glee for a throw down with the crazy neighbor from day one.
It's difficult to know what's really going on here because the letter writer provided no info on exactly what form the harassment takes other than blocking their car. Calling the person the bad seed of the block sounds like the neighbor makes life a living hell for the block, not just his immediate neighbors. I feel sorry for the people who end up buying the home having no clue what lies ahead.
While the seller has no obligation to tell the neighbor that a lunatic that will make their life miserable lives next door, it's sad that both they and their broker seem to be praying for the guy to just stop it until closing and then don't care what he does.
10
Our friends had this situation with a shared drive. The neighbor was unhappy with the world because of a divorce situation: status deprived from having split resources and upset with living far beneath their former station.
Our friends tried to appease and the neighbors blocked them at every step. They would not cooperate in landscaping, driveway repair or snow removal and the cracked cement and asphalt mess had no resolution.
So they ended up paving more of their backyard so that they had more apron in the rear. And when it came time to rebuild the garage, they did not seek the variance, and so had to rebuild five feet in from the lot line. And so further reduced their already compromised back yard.
Luckily they sold their four square after some remodeling in the craftsman mode. Oiled bronze fittings on style appropriate front and back doors, and a complete minimization of all the 80's brass and sea foam green decor. They sold well and got out of there.
Shared driveways are an invitation for problems. Avoid, avoid, avoid. Or you too could be negotiating heaven knows what with your far too close neighbors.
15
Is this not a form of harassment? Maybe a restraining order is needed to keep the peace.
17
@Christine: Restraining orders are most often just paper, as an domestic abuse survivor knows. The police will not have guards stationed at that driveway 24/7/365.
This is possibly the most addle-brained advice I've ever read. Appease him? You're kidding, right? This is your home. You have a right to control access. If you are relying on your realtor to do this, that's unfair. A realtor is not a security guard or a cop. Which brings me to another point. This man is trespassing, and his threatening, abusive behavior may elevate it to criminal trespass. If you make it clear to him that he is to stay off your property & he doesn't do so, that's a matter for the police. I don't know why you're avoiding the obvious solution. Bottom line, he has no right to be there, further he has no right to create a public disturbance by ranting outside. This is a matter for the police. And the advice about having a "boisterous" open house is equally clueless. It's inconsiderate of your other neighbors, it will no doubt further inflame the situation with Mr. Driveway, and may very well make a bad impression on potential buyers. Common sense can solve this problem.
26
When you have a driveway that is "shared," the neighbor has as much right to be there as you are. Maddening, but true.
5
If the bad neighbor owns guns all prospective buyers should just move on. Finding out if he does have an arsenal might not be easy though.
7
Call the police. Record the neighbor's incursions and altercations. Sue.
You may end as the owner of his property as well as your own.
14
Regarding the writers concerned that the neighbors may be renters.
Start proceedings against the landlord.
10
This is when you need Tony Soprano.
21
I backed out of a co-op purchase after reading the board minutes detailing the litigious behavior of the person who would have shared my rooftop and hallway.
As a homeowner in exurbia now, I believe the worst neighbor is one with a pool. You can live on 6 acres but you will never escape the sound of shrieks and cannonballs. Especially on a day like this when you don't have one!
19
I'd rather have the shrieks of happy children playing than the dust and roar of ATVs hot-rodding up and down a gravel road alongside my property.
They think a dirt road is free Disneyland.
13
"The floor creaks, the roof leaks. There's a terrible draft. The winters are harsh, the summers are brutal. There's a wild man-eating clam in the backyard!"
"I'm Squidward. You're Squidward. We're ALL Squidward!"
4
The neighbor is doing potential buyers a favor!
Otherwise it might take the buyer a few days after the closing to realize what a mistake this was.
"Buyer Beware"
8
I may be naive about this - but I find it a bit perplexing (if not astounding) that one would expect a realtor to handle this type of invasion and harassment from a neighbor --
I live on a street libed with two and three-family homes - most with shared driveways -
There's a 3-step method to dealing with a blocked driveway -
1 - Speak directly with the neighbor in the hopes it can be resolved in a civil manner -
2 - If not - next time call the police, who will speak to the neighbor and order him to move hisor her car -
3 - If the neighbor blocks the driveway with his car and is not home - call thhe police, and if they cannot make contact with the neighbor you can request that the car be towed - The police will call for a tow truck and they will take it to a lot where the owner can retrieve it after paying many hundreds of dollars in fines, towing expenses, etc. --
I've seen it happen - along with people who block private driveways and in front of fire hydrants --
As far as disruptive behavior at your open house is concerned -
Speak directly to the neighbor and insist that he leave immediately --
If he refuses, or becomes argumentative or belligerent - tell him that if does not leave immediately - and stay away - you will call thee police and report him for trespassing and home invasion -- and be prepared to follow through -
This is not a job for Clark Kent (aka your realtor) - this is a job for Superman - aka the police...
35
Um, having sold homes in neighborhoods with highly judgmental buyers and high competition, this is the role of an experienced and sophisticated realtor.
The realtor is as much a part of the transaction as the buyer and the seller and.
11
"Speak directly to the neighbor and insist that he leave immediately "
The LW is not the owner of the house, and so has no authority to ask this person to leave. The owners likely will not be at the open house; standard practice is for the sellers to absent themselves.
Controlling who is permitted to attend an open house is, indeed, the job of the realtorl
7
Information is not provided about whether the harasser is a renter. A renter could care less about property value.
This issue should not be taken lightly. Terrible tragedy with neighbors who shared a driveway, "...feud over a 10-foot by 4-foot strip of land at the crest of their shared driveway..."
http://www.montereyherald.com/article/zz/20081104/NEWS/811049945
13
Kick him out of the open houses. And if he approaches buyers outside, tell them that he's demented.
12
"if he approaches buyers outside, tell them that he's demented."
Surely telling potential buyers that they will share a driveway with a crazy person is a great way to DIScourage sales. I don't think the "lovely neighbors" would appreciate that kind of help.
13
A grumpy old neighbor who plans to live in his house forever couldn't care less if his property value declines, right? Wouldn't that just mean lower property taxes for him? You only care about your property value if you plan to sell one day or if you're obsessively monitoring your net worth in Quicken.
22
The man sounds like a sociopath. What motive does he have in disrupting their sale other than experiencing a personal high from being provocative? Maybe skip the open houses to subvert the dominant paradigm.
21
Let's hope Pol Pot the neighbor is a homeowner and not a renter. Rent The Godfather for some holiday relaxation and consider other options.
7
I recently sold a house in Brooklyn with a shared driveway. Over the 30+ years that we lived there my wife and I went out of our way to do everything we could to be nice to our neighbors, and our relationship was reciprocal. This even included shoveling the snow in the driveway and in front of their house. This usually took just a few minutes. If one of us was coming home late we would call the other and ask that the driveway be available. We always worked everything out.
When we sold the house I could honestly tell the buyers that we never had an argument over the driveway. My one parting bit of advice to the buyers was that they should make their neighbor their best friend.
I have had a few conversations with my former neighbor since moving; she told me that she loved her new neighbors and they got along great.
On the other hand, there were several neighbors on the block who were always bickering over the shared driveway. The bottom line is, anyone who has an avoidable argument with a neighbor is a fool. Getting along with your neighbors, or even just tolerating them, benefits everyone.
61
I used to be a Realtor. I would just not have an open house. They aren't mandatory. Potential buyers can make appointments to see the house with the agent, which means just calling the sales office and asking to see the property. It's standard practice. Open houses are for other Realtors to see what's on the market. With the internet there is not even need to put up a sign. Most people shop for property on real estate websites anyway.
64
I had this situation -- ended up filing suit and getting a settlement agreement that the neighbor would not harass during open houses, showing, etc. and would keep shared driveway clean -- the difficult neighbor's insurance company had to pay all attorneys' fees. Unfortunate, but necessary. Home still sold below value, but it sold.
34
Houses always sell at value. Never above. Never below.
5
We had an unpleasant neighbor across the street for about 30 years. At times unctuous and flattering, her mood could swing and she would become insulting and aggressive. None of the neighbors on the block could abide her; the village employees avoided her. We had a one-year respite when she was on good behavior while on probation after she dented a car that had turned in her driveway.
After I was widowed, I decided to sell our house. The broker told me not to mention the awful neighbor to prospective buyers. No house-for-sale signs were put up and showings were scheduled when the neighbor was at work. Finally a young couple fell in love with the house. Prior to going to contract, I felt I had to warn them and did tell them that the neighbor across the way was unpleasant and disliked. This didn't seem to bother them. I have been in touch with them and, while recognizing the difficulties in relating to that neighbor, they say they have not been negatively impacted.
57
"Ask Real Estate" doesn't publish follow-ups, but I can't be the only reader who is dying to know how this works out. Second, point, unrelated to real estate: when did "curate" become a synonym for "manage" or "control"? Obnoxious.
74
When did "obnoxious" become a synonym for "irritating" or "annoying"? Same difference. "Curate" means "carefully tend," which is another way of saying "manage" or "control." No harm in using "curate" this way.
6
I disagree, Brian. Curate has become one of those trendy, overused words that make lexicographers’ annual lists of “stop saying this”.
Unless used in the sense of selecting artwork for a museum or gallery exhibit, it has indeed become irritating to the point of obnoxiousness.
When sandwiches and beer can be curated, we should know that the users have hit the pretension wall.
Thanks, I feel much better now.
4
Thanks for the laughs guys. I'm going to curate my breakfast.
1
In NYC shared driveways are "rights of ways" to the rear of the house, usually a garage. Many people agree to share the space for parking but this is not a legal right. Rhonda Kaysen's article doesn't explain what the situation was. If the bad neighbor was the only person parking in the driveway and blocking access to the sellers garage, after a short legal confrontation, they probably could have had his car towed. Even simpler, they could have blocked his car in as retaliation. The Times used to give more facts in their articles.
21
Only 2 percent of homes are sold through an open house. They are a waste of time other than being a great source of new leads for the agent.
52
I have sold four houses. Two were sold at open houses. I had four solid offers at one open house. It really depends on local practice.
I live below a german art dealer and her two grown children. Everything is fine till about midnight when they move furniture and pound on the ceiling above my bedroom. The woman is on the board of the building; Orsid the coop management and the board turn a blind eye to my pleads for help. This is hostile behavior, abuse and harassment. Someone please help !
20
I had a similar situation as yours. Always after midnight too. The tenants sounded like they were dragging a steamer trunk across the floor and running it into the walls. I also invited the landlord over to witness it firsthand to prove I was not exaggerating. The landlord sent letters and eventually the tenants moved out. Not sure how you can proceed unless they are violating the noise ordinance. Do you think they are doing this on purpose to get you to move? Talk to a lawyer to find out what your options are. Your situation seems untenable.
12
I'm sure they curate all night long.
12
Record the noise on several different nights. record the dates the noise happens for at least a month. When you have a good amount of this, talk to your neighbors. See if they support you in the complaint. Then go to the board with that support.
Get a lawyer with the above info in hand. Expensive though.
The other option is to sell.
3
Although I did scope out the house I finally bought, I dismissed the sight of an unruly crowd across the street; I could not believe that people actually behaved that way. I decided that it was an anomaly. It wasn't. (And I'm from Brooklyn. In what liberal fantasy world was I living?)
It took a dozen years of calling the cops because of knifings and ungodly nocturnal noises and drug dealing to get the place livable.
During the open house, the seller prevailed upon the neighbor to take down the basketball hoop. That's another story.
That said, I would not purchase a house that has a shared driveway. And having been burned once, I would not buy a house in a neighborhood in which the primary activity seems to be leaning on cars and horsing around.
57
We bought this house 4 years ago. We learned later that there had been an ongoing 4 year conflict between the 2 neighbors. Neither the seller nor the agent informed us of this particularly nosy neighbor irascible nature which we were sure to inherit. He doesn't like immigrants even if one is from the USA. I fixed that though.
The 4 days after we moved in, our neighbor arrived to tell us that the previous owner had caused problems and he suspected the neighbor of theft. By the end of the conversation we learned he didn't like immigrants. So I took control.
I baked a small assortment of cookies and made packages for the 3 neighbors on our street. I also packaged up a small candle, some assorted flavors tea bags, a small sampling of coffees, napkins, plastic utensils and paper dessert plate. Put it all in small gift bags along with a personal calling card of mine. Then I delivered them. It made a world of difference. We haven't had a single problem and made a pleasant small neighborhood.
I've have trouble before with neighbor because I was a single mom with 3 kids (back when I lived in the states). I learned from that the truth in the addage: You can kill more flies with honey than with vinegar.
49
This. It's worth it, even if you know you're right and the neighbor is wrong and/or has views that are offensive to you, to make a gesture like this and "front" like all is well. Your home should be peaceful -- perpetual conflict will destroy that.
7
I don't want to throw cold water on what was a nice gesture on your part. But whatever happened to welcoming the newcomer? When did it become incumbent on the new neighbor to make the first move. I guess the Welcome Wagon doesn't roll anymore.
2
If your neighbor is mentally ill, he or she may not respond to your "honey" in the way you expect. Some people just love confrontation.
6
so the realtor and seller strategy is to gull a buyer for this seriously compromised property, and then leave the poor buyer with the distress, or with a guaranteed state of strife? Where are the ethics in this?
39
There is none. The seller and realtor are only interested in their cut. As for the buyer: buyer beware: it's their problem now.
16
Yes there is an issue between the current owners of the homes over use of the driveway. However it is between people and is not a defect within the home. Sometimes people just don't get along. A new home owner may not have the same experience with the other owner. As to disclosure, I have never seen such a question on a Seller's Disclosure form in either MA or TX. This might not be the case in other states.
3
Not true. I'm a broker. We are not permitted by real estate law to redline or to even mention neighbors, nor to mention if the owners died in the house. Ethics laws are very serious in our business.
Call the police. Some of the behavior described may constitute low level crimes. Or sue him in state Supreme Court for intentional interference with business advantage and seek a preliminary and permanent injunction.
24
My husband and I once really, really liked this small house - three bedrooms; postage-stamp size yard; came with a w/d, not just the hookups. Low price because the owners wanted to move as quickly as possible. We backed out because the neighbor next door came out and told us to be sure to honor property lines - and then she would not shut up about it. We left while she was still ranting. Too bad, we liked that house. Felt bad for the seller. Realtor could have been more assertive on the sellers behalf.
69
You wanted this house because it had a used washer and dryer? Something that on the used market is worth less then a decent dinner?
8
NO ONE will buy a house if they know there is an obnoxious, hostile neighbor next door, no matter how much they like the house. A bad neighbor can make your life a living hell. The realtor really needs to step up or the seller should get another realtor.
7
The presence of such a harassing neighbor is likely a disclosable fact for the sale of the house. First, document, document. Then find a good attorney.
14
California is somewhat unique in its seller disclosure laws. In most states, buyer would not be under any obligation to disclose the attitude of the neighbors, just the fact that the driveway is shared.
8
"Then find a good attorney."
To sue about what exactly? And who is suing whom? You arent clear. Once the deed transfers the new owners can sue but it is expensive and quite an uphill battle to "win."
"Ask him what can be done to appease him." ?? Are you serious? All that will do is embolden him.
95
Sadly appeasing the neighbor is cheaper than fighting legally. I had a sale recently where the neighbor started complaining and making a scene at the open house. I pulled her aside and asked her what she really wanted. Turned out she wanted a new fence along the property line, and I negotiated between the seller and the neighbor to build a new fence, and they split the cost. It was done in a week, and cost the seller $1000. House sold, happy seller, happy buyer, happy neighbor, and relieved Realtor. My DRE 01073292
16
Get a new agent if yours can’t handle the situation.
29
I owned a house where the neighbor was landlocked behind me and his only ingress/egress was an easement driveway on the southerly 15' of my driveway which had been put into place when a single owner and his extended family owned the properties. It was a non-stop problem with his kids on bikes, then go karts, mini bikes, trucks, walking the dog there, all the while it's my property, I'm paying the taxes and this guy and his family seemed to just camp out on my land. I put up a fence, with the bad side facing him and sold the house. Never would buy property with attachments again.
45
Having bought a house with its own set of problems, and spending almost twenty years dreaming of greener pastures, I would never buy a house with easements, unless they're my easements leading to a body of water, or shared driveways, or anywhere near where I can smell someone's marijuana or hear their kids playing any sort of ball game.
In his poem "Mending Wall," Robert Frost was condemning the farmer who said, "Good fences make good neighbors," but I'm not sure the farmer wasn't right. You don't want any part of your neighbors until they have proved pleasant.
I love my house. I've put my own sweat into it and also hired people to do what I cannot do. But I'd never make the same mistake again.
19
Is it no longer possible to purchase a tuneup in Brooklyn? I'm not talking about cars.
24
Have the selling neighbor contact an attorney and write a stiff letter to the hater explaining the legal hassle and $$$ for being sued he will possibly endure unless he cleans up his sick act.
30
The neighbor whose home value may be degraded could be happy when his taxes are lowered.
6
Market value and tax assessment are 2 different things.
17
Tax assessment is based on market value.
Depends upon how property is assessed. In CA, assessment is purchase price and is adjusted up 2% per year. Upon resale, new assessed value is purchase price. It keeps our property taxes manageable, without big jumps if the market is appreciating.
Get a tougher Realtor.
16
"He's at every open house, intimidating buyers." Well, that's truth in advertising, I guess: "Here's the lousy neighbor you'll have if you buy this place."
But WHY why is he being allowed into the open houses?! He has no right to be there, esp. week after week. He can, and SHOULD be refused entry.
This type of obnoxious neighbor requires that a firm line be drawn: perhaps by a security guard keeping him away from the house, or a letter from the seller's lawyer, and/or showings by-appointment only.
Perhaps the new owners, if apprised of the neighbor's unacceptable behavior, will turn out to be the sort who take no guff from this hostile neighbor; he may get what he deserves!
43
Years ago, I had a drunken neighbor who not only harassed/threatened me (my apartment was the closest so I got the brunt of it) but the whole complex. As I was moving out I suggested to the landlord that the person who moved into my apartment should be a Hell's Angel biker-type who wouldn't have any problem "dealing" with the neighbor-from-Hades. I was serious. Also, I would have loved to have been a fly on the wall when the problem tenant met the new "sheriff" in the complex.
6
The obnoxious idiot in my condo association is a nasty old crone who whines at everyone for violating rules she invented in her head. She can't stand the slightest noise (why the hell did she move into an apartment complex in a densely populated city then?) Believe me, our building is far from being party central. When I sell my place, I'm going to task the Realtor with finding a very social tech bro type (I'm in SF, they abound) with a small army of friends who like to party at all hours. I may buy them a drum set or three if they don't already have them as a parting gift.
A few things. If the seller's realtor can't handle the unruly neighbor, you have the wrong realtor. Second, open houses are not necessary. A reputable realtor with some real savvy and experience will do a "group" showing, gathering the contacts of all the interested potential buyers and show them the house at a particular day and time, and this would not include (nor should allow) the neighbor or any other neighbor not signed as part of the showing to see the house. The realtor would have the buyer's information, and any realtor worth his or her weight in gold would do a quick background check not he potential buyer's on the list for the group showing. Hopefully these measures should help.
39
Hopefully, the exact expectation of sharing the driveway are part of the sales agreement and since this person has been a problem, a lawyer can define the exact arrangement. Be specific and legal.
28
The driveway issue can be solved with a few pictures and a restraining order. Another way is a suit for a large sum, forcing him to pay for a defense and go to court.
Or in my case, I might just have a few of my son's friends talk to him.
36
Not really. Restraining orders can't control what legal activity someone does on his own property. Telling potential buyers about a dispute with the neighbor is not illegal.
Suing someone for a large sum is equally ridiculous. You'd have to pay a lot for a lawyer, the process would take months, and the neighbor would likely win. You'd have to prove a financial loss as a result of the neighbor's grumpiness, and it is harder than you think to do that. And the neighbor might love representing himself in court.
10
But if the defendant ignores the court date, you could get a default judgement. You could also try an old landlord trick, one NYC landlords love. Sue often and hopes he misses a court date. Then he has to attack a default judgement.
1
oh swell; just what a new homeowner wants to sign up for, an unending state of strife
Open house is not a literal term. It is meant to be a controlled situation for potential buyers. Neighbors don't have the right of entry. He is creating a trespass if he persists and a strong experienced agent should be able to make that clear.
129
An open house is not a requirement. If people want to see it, they'll make an appointment.
43
Brokers love open houses. It's a great source of new leads for them, but it's by no means necessary in order to sell a house. If the brokerage can't handle the down side of an open house, insist they spend money on advertising and show the house by appointment only. If they balk, find another broker
70
This sounds like it meets the elements of a tortious interference with contract suit. The contract is the sales contract and the broker is being interfered with in obtaining reasonable offers. A good firm letter from the lawyer describing the cause of action should shut the jerk up.
114
A neighbor came to our open house to try to sell their house down the street. We had an inexperienced sales person who did not realize what was going on. Another neighbor explained this to us since we were not present. After the contract was over, we fired the sales person and got another neighbor who was a real estate broker to help navigaete a difficult community issue. We finally sold the house.
44
Not sure the boisterous party idea such a good one. (anyway, why is he being let into the open house?). A more drastic but possibly more effective approach is the judicial process: Either a lawsuit against him for nuisance, tortious interference with contractual relations, tortious interference with perspective economic relations, or a temporary restraining order to prevent any of the previous.
70
No one is getting a restraining order in New York to prevent a tort.
5
Every week, this column reminds me of why am glad I don’t live in New York, and this week it also reminds me why am glad I don’t practice law in New York.
1
Indeed, the CORE broker's idea that a food truck/coffee table at the seller's expense would not create for their boisterous neighbor an audience of contemplatively nibbling and sipping potential buyers but instead send him "ranting in the corner, [to get] drowned out” begs waaay too many questions.
3
We had a difficult neighbor in a condo. Our Realtor told them that if they caused us to lose a buyer they could be held liable. Don't know if that is true or not but they behaved after that. In my view, the Seller's Realtor should handle the situation.
124
How? According to the OP, "it seems the real estate agent can't handle him."
2
Maybe a different Realtor; one who can handle him?