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This article was published 15 year(s) and 11 month(s) ago

Suit filed over driveway access in Swampscott

Karen A. Kapsourakis

September 25, 2009 by Karen A. Kapsourakis

SWAMPSCOTT -A court battle is brewing over a driveway on Paradise Road in which the complainant accuses his neighbor of illegally erecting a chain link fence and placing flower pots onto the driveway, blocking his right of passage over a shared driveway.John D. Makseyn of 14 Paradise Road filed the court action this week in Salem Superior Court against Yevgeniya Gorovodsky who lives at 16-18 Paradise Road.According to complaint, beginning on or about Feb. 1 Gorovodsky began to allow her tenant and visitors to park on the common driveway, mutually shared by both parties for some 23 years.Makseyn says the weight of the cars caused a sinkhole on the property.In May, Makseyn sent a letter to his abutter demanding she remove the parked vehicles, which was also obstructing his right of passage over the shared driveway.But then Gorovodsky apparently began placing flower plots and installed a chain link fence with a concrete block wall on the shared driveway.Makseyn had the property surveyed and maintains that Gorovodsky’s chain link fence now is encroaching onto his property by approximately 9 feet.In July, a demand letter was sent to Gorovodsky by Makseyn?s attorney to refrain from trespassing.However, Makseyn states despite his requests Gorovodsky has “impeded and continues to impede” his access to his property, which is in violation of the right of passage shared all these years and that he has been harmed by this.He asks a judge to intercede and order that Gorovodsky remove all encroachments, including the flower pots in front of his driveway along with the chain link fence and refrain tenants and visitors from parking their motor vehicles on the common driveway, and return to status quo.

  • Karen A. Kapsourakis
    Karen A. Kapsourakis

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