JUST because your driveway is on your property doesn’t necessarily mean you own it in the eyes of the law.
One man is finding himself in this exact situation, and faces financial destitution whether he does or doesn’t pay to have the driveway removed.
Theyerl’s well-being is threatened by the county’s intended actions[/caption]
County code specifies how many driveways can line a highway within a mile-long stretch[/caption]
Theyerl has publicly and privately disagreed with the county’s opinion on the matter[/caption]
Wisconsin homeowner Jim Theyerl is being told that he has to remove 12 feet of driveway from his property due to an issue with county law which stems from the lot being situated along a local highway.
However, Theyerl says he’s been in the area “since 1999, bought the place in ‘99 with the driveway going to the extra lot,” per local NBC affiliate WGBA.
“I just told them I would not take it out because I did not put it in,” he furthered in reference to the driveway coming with the property.
Theyerl is also arguing that removing the driveway would eliminate the only access he has to the “extra lot” it connects to.
“Here is the 12 feet of driveway that the Manitowoc County is arguing about, the 12 feet, they want to take it out and plant grass on it, I would have no access to anything here,” he explained.
The dispute has been going on over the past year, and came to a head on Tuesday when Theyerl chose to address county officials publicly during a county board meeting.
Despite his efforts, a local judge has ordered Theyerl to remove the disputed section of his driveway by October 4.
The court is arguing that the driveway was built without a permit, and that removal is necessary since it conflicts with county code limiting how many driveways are allowed per mile of highway.
However, the county code does allow for exceptions to be made when “approved by the Manitowoc County Board of Supervisors,” per a letter Theyerl received last year on the matter.
If he doesn’t pay to remove the driveway himself, he faces over $15,000 in mounting fines.
The county is also seeking the option to jail Theyerl for up to 30 days, or until he pays these fines if he chooses not to remove the driveway at his own expense.
However, neither option is particularly attractive to him, as the financial consequences could have disastrous effects on his life in either case.
“This would be it for me because at my age there ain’t no way of getting a job,” he lamented.
The court has stalled these penalties for 30 days to allow time to explore a settlement in the county’s ongoing lawsuit against Theyerl.
Is it illegal to use someone’s driveway to turn around?
Though driveways are considered private property, it may be difficult to prove a driver is in the wrong if they use it for a turnaround, according to legal experts.
Unless a crime is committed by the person using the driveway to turn around or damage is done, it’s bothersome, but not illegal.
“Generally it’s not going to be illegal,” wrote Daniel Lee O’Neil, a litigation lawyer in Texas.
“Unless they are using your driveway to commit a felony drug sale the police are generally not going to be that interested in the matter.”
It’s recommended that homeowners place signs warning against using their driveways or politely ask neighbors to U-turn elsewhere before calling the police.
Source: AVVO
These fines will begin accumulating in October if an agreement can’t be reached, and if the driveway isn’t voluntarily removed by then.
Manitowoc County Highway Commissioner Greg Grotegut did not immediately respond to The U.S. Sun’s request for comment.
DRIVEWAY DISASTERS
Driveways can be a major source of stress for homeowners, whether they’re fighting county officials, inconsiderate neighbors, or dodgy repair companies.
A New Jersey man’s driveway was ruined by a fake repair company which tried to scam him out of thousands of dollars.
In North Carolina, a dispute turned petty when one man dug a trench dozens of feet long which effectively trapped his neighbors on their property.
A Pennsylvania church chose to block off a convenient cut through locals used to reach a shopping center, citing issues of maintenance and liability as the motivation.
