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Driveway Laws & Regulations

What are driveway laws? This question seems to arise quite often when two individuals either share a driveway, or an individual is dealing with a pesky individual who continues to park in front of their driveway, causing the owner problems of exiting the driveway. The Highway Code states the driveway rules and the driveway regulations that deal with where an individual can or cannot park their vehicle. Read below where the Experts have answered the many questions about the Driveway Laws.

In the state of Pennsylvania are there driveway laws that deal with shared driveways between houses?

In Pennsylvania, there is no set law that deals with a shared driveway between two houses. In this kind of situation, a private property easement agreement and when property is constructed the owner of this property will have a certain written easement agreement that is put into place for the rights and liability of each owner that is involved in the shared driveway. If there is no such agreement then the typical rule would be for each party involved to use the driveway reasonably. When doing this, it case can often times lead to a court hearing because some individuals are not complying by the typical rule for driveways that do not hold an agreement.

In the state of Michigan if an individual has used a driveway for 18 years, what are the driveway laws regarding the neighbor stating that the driveway is on their property?

An individual that is in this situation would need to claim ownership of the property that the driveway is located on. In order to claim possession of this driveway the individual will need a title from the real estate and take over the property for this time. In order to gain possession of the driveway the individual will need to have met the certain requirements. These requirements include: actual possession of the driveway, open and dishonorable use of the driveway, completely using the driveway; and continue using the driveway. In the state of Michigan, the legal time period in order to establish ownership is five years if the claimant has the title by the court, ten years if the claimant has the title by a tax deed, fifteen years in any other type of situation.

What are the driveway laws in the state of Pennsylvania to legally stop a neighbor and their guest from turning around in another individual’s driveway?

In this case and many others, the owner of the driveway will need to present a written notice for the individuals to stop trespassing on their property. Once this letter has been received by the neighbor and their guests, if they continue to trespass, the owner of the driveway can have the individuals arrested for trespassing, or the owner will have the right to file a civil lawsuit against the neighbor for any damages that were caused when trespassing.

What can an individual do legally if their neighbor’s tree has damaged their driveway and back wall?

In this case the individual will have the right to trim the tree that has crossed over onto their property. Also, the neighbor can be held responsible for any damage that was caused from the tree, this will all depend on which state this situation has occurred, and what the driveway laws are in that state.

In the state of Connecticut is it legal if an individual and their neighbor share a driveway for 15 years, and now the neighbor is requesting that the individual allow them to tear up their half of the driveway and the individual pay to use the other half?

According to the Connecticut Law, if an individual has been using a driveway for at least 15 years, that individual will have the right to create a driveway easement. When doing this, this can stop the neighbor legally from stopping the other individual from using the driveway that they have used for so long, and this easement can also stop the neighbor from removing the driveway in order to make it unusable. The individual is not legally required to agree on a payment in order to use the driveway.

When dealing with the driveway laws in many states within the United States, these laws can cause individuals to become confused, and not fully understand their rights as owners of driveways, or individuals that use the same driveway as their neighbor for a long period of time. When faced with these difficulties you can also ask an Expert to provide you with the answers pertaining to the differed driveway laws throughout the United States, as they apply to your case.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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