Can someone use their residensial home for commercial usage as dump site?

Asked by Hxy, 06405 Fri Dec 5, 2008

My next door neighbor use his backyard of rental property as his business dump side, he collected leaves from residential home (I think that is his business) and the dump it in his rental property backyard, because he has to pay to dump it in the town dumpster. The leave pile up like mountain, just next my driveway. Does he do it legally?
Any advice will be appreciated

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Cameron Piper’s answer
Cameron Piper, Agent, Forest Lake, MN
Fri Dec 5, 2008
Hxy,

Call your local building planning and zoning department and ask them same question. It would highly depend on the your local zoning ordinances.

You might start here: http://www.branford-ct.gov

Cameron Piper
Web Reference:  http://www.campiper.com
2 votes
Giulio Liguo…, Agent, BRANFORD, CT
Fri Feb 27, 2009
IN MOST TOWNS YOU CANNOT USE A RESIDENTIAL PROPERTY FOR ANY COMMERCIAL USE, UNLESS TOWN GAVE SPECIAL PERMITS FOR USE. I WOULD CALL YOUR LOCAL HEATH DEPARTMENT AND ZONING OFFICIALS THEY WILL PUT AN END TO IT.
0 votes
Phil, , Guilford, CT
Fri Dec 26, 2008
There are often 'up-keeping' rules for neighborhoods. For example, many areas you can not allow your front lawn to be overgrown for too long. If the town gets enough complaints, or the owner makes no attempt to conform, the town can do the maintenance and slap a hefty lien on the property, often with a daily fee until paid. I would first talk to the seller, otherwise call the town hall with the complaint.
0 votes
Hxy, , 06405
Fri Dec 12, 2008
That's what I thought. Just want to confim.
Thanks for your advise, I will give you update once I get back from zoning enforcement officer.

Have a great holiday!

Hong
0 votes
Cameron Piper, Agent, Forest Lake, MN
Fri Dec 12, 2008
Hong,

In real estate the rights belong (in the vast majority of the cases) to the person who owns the property. If "your" driveway is an easement across another person's property it would be up to the owner to stop the dumping of the leaves.

Cameron
0 votes
Hxy, , 06405
Fri Dec 12, 2008
Hi Cameron,
He doesn’t have an easement for ingress/egress; he is my neighbor on my left. The neighbor on my right owns the land, I was granted for an easement for ingress/egress to my property. In my deed, it said I have right of way for ingress/egress, and the installation and maintenance of public utilities. I paved drive way, and I maintanence the drive way. He docent have any right on this drive way, but he use it when he dump the leafs.

In this case, do I right to stop him use my drive way? Since I do the monstrance of it?

Thanks,

Hong
0 votes
Cameron Piper, Agent, Forest Lake, MN
Fri Dec 12, 2008
Hxy,

It would really depend on how the ownership of the driveway works. There are a million different ways for these things to be drawn up and recorded - the smallest change in language could mean something comepletely different in the agreement. You would probably have to have an attorney look at your deed and share driveway agreement to know for sure.

If you own the land and he has been granted an easement for ingress/egress to his property - it would be my opinion that he doesn't have the right, but it would all depend on the document that grants him the right.

Cameron Piper
Web Reference:  http://www.campiper.com
0 votes
Hxy, , 06405
Fri Dec 12, 2008
Hi Cameron/Bill,
Thanks for your response. I talk to zoning officer yesterday with the pictures, she said what my neighbor did is violation; she is going to talk to him first.

I have another question, my neighbor is using the drive way to dump the leafs which I have right of way, and I maintain it, (he doesn’t have right of way). Do I have right to tell him, dont use my drive way to dump the leafs?

Thanks!
0 votes
Bill Eckler, Agent, Venice, FL
Sun Dec 7, 2008
Hxy,

It's tough to be a good neighbor under circumstances like these. We recommend contacting the city about this to see if there are zoning issues or health and safety concerns.

Good luck
0 votes
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