Shared Driveway Laws Questions
What does a shared driveway mean?
A driveway that is owned legally by two different owners who have two different properties is called a shared driveway. Both the owners may have the right to use the driveway. In some of the cases, the owners may draw up a deed that will help them determine which owner will use which portion of the driveway. It is very common to have shared driveways in the US. Answered below are some of the commonly asked questions about shared driveways:
What legal action can a shared driveway owner take if his/her neighbor places an air conditioner in the middle of the driveway in the state of New York?
The neighbor may not have the right to place anything and block a shared driveway in the state of New York. If he/she does so, the other owner may sue the neighbor in court for nuisance. He/she can also get an order from the court instructing the neighbor to place the air conditioner somewhere else so that it does not come in the way. If the individual faced any damages because of not being able to drive on the driveway, he/she may also sue the neighbor for those damages when he/she takes the matter to court. t.
What can a person do if the owner of a property and shared driveway refuses to maintain the driveway? The individual has already spent a lot from his/her pocket to get the driveway repaired.
There are no laws that force a person to pay in full in order to maintain a shared driveway. However, the individual may be able to file a lawsuit against the owner of the property and driveway for any money that he/she may have spent to repair it. He/she may go to court and claim that it is unfair if he/she alone has to spend for the driveway’s maintenance and the owner does not do anything.
Can a person park his/her vehicle in a community shared driveway with an easement in such a way that there is only enough space to get out?
If the driveway has an easement and the person blocks a considerable part of it prohibiting others from using it, the other people may sue the person. All people who use a shared driveway should keep it in such a way that it is accessible to everyone and does not damage anyone’s property. The other people who use the driveway may file a complaint with the court to stop this person from blocking the driveway.
What action can be taken in the state of California if a neighbor blocks a shared driveway in spite of having an easement?
In most situations, an easement is meant to allow entry and exit into the driveway. This should not block the shared driveway either. However, if the neighbor crosses the easement and blocks the other person’s driveway, he/she can take the matter to civil court. The individual may be awarded with any damages that may have been caused due to the blocked driveway. The court can also instruct the neighbor to stop blocking the driveway.
One may face many problems and legal issues when sharing a driveway with someone else. Some of the people may not even know their rights as far as shared driveways are concerned. You may ask a lawyer if you need any information about the laws that govern shared driveways.