Asked in Land Use & Zoning and Real Estate Law for New York

Q: A country club across from my house relocated their driveway. Car headlights now scan through my house. What can I do?

My house was built in 1951. My husband and I bought it from the original owners 11 years ago. There is a country club across the street and the sole driveway into and out of the club has always been catty-corner to the front of our house. We received no notification of a driveway relocation and one day, construction began to change the location. Upon doing so, the driveway is now down a hill facing the back of our house. Now when cars come out of the club and make a left turn, the lights scan across our great room which has floor to ceiling windows. I called the Town and asked why we didn't receive any notification of the driveway change. The response was that it wasn't required. I called the country club and spoke to the general manager and his suggestion was to get blinds. I am not getting blinds. My house has been fine for 66 years and we now feel there is a negative impact to its value and any future sale of our home. What can/should we do?

2 Lawyer Answers
Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: It sounds like you may be out of luck. This is a local zoning issue that you have to take up with your locale and it sounds like you have done so. If the hours that the cars were coming in and out of the club were unreasonable maybe there is a private nuisance issue, but that's pretty doubtful. Maybe a decent window treatment isn't such a terrible idea...

Ali Shahrestani,
Ali Shahrestani,
Answered
  • Real Estate Law Lawyer
  • New York, NY
  • Licensed in New York

A: You can sue for the nuisance and seek an injunction and damages. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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