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Recent Shared Driveway questions

What is the difference between "a road" and "a driveway"

what is the difference between "a road" and "a driveway" legally? There is an "shared driveway access easement" between two adjacent parcels of land. The one built first put in the driveway running the length of the building to a parking lot. The adjacent land locked lot is planning to put in a 180 home sub-division, using this driveway as the 2nd entrance/exit. The Medical office building that is using the driveway now has 5 offices total. The building is set only about 20 feet off the driveway, which now is planned to be turned into a road. Is it legal to use a shared driveway easement signed in 2005 for a major subdivision access road in 2016? And what is the definition of a road vs. a driveway. I would think logically that a driveway would lead to a place where one could park. the plan is to connect a road that leads to a parking area in the sub-division to the road that leads to the small parking lot in the Medical building. To me that connects two roads and is now a road and not a driveway. Any help would be appreciated.

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Law Educator, Esq.

Attorney At Law

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I live in Mount Vernon, NY located in Westchester county

I live in Mount Vernon, NY located in Westchester county (zip=10550). I own a house and there is a vehicle that partially blocks my driveway. Is it legal for someone to do this? what options do I have ? Can I get them towed or call the cops to have them ticket the car?

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Juris Doctorate

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Our New Mexico neighborhood association is installing security

our New Mexico neighborhood association is installing security cameras in our neighborhood without notifying everyone in the neighborhood. they say the board or an appointee of the board are the only ones who will be able to watch the video. Wondering what the legal ramifications might be

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Counselor at Law

Juris Doctor

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My name is***** live in SeattleMy neighbor's dog barks

My name is***** live in SeattleMy neighbor's dog barks al the time , I talked w them about it , called animal control, talked w them again, now hostile does not want to talk with me , I asked them to close the windows when not home as the dog barks at random all the time , I mean almost no stop and is very anxious: after 3 YEARS OF ASKING they actually did close the windows mostly because is cold ,in the summer is different much worst.Our houses are separate by a shared DRIVEWAY 10 FEET wide or so , so very close . Even with the windows closed is still loud and bother me at the point of migraines, nausea , can't do anything at home , can sleep , I work nights 12 h( RN) I can't eat think , read ,rest or anything , even like now is quitter cuz dark 9.55 pm, I am a bit relaxed but not totally because I know tomorrow will be the same , so I have this anticipatory anxiety about this almost akin to PTSD , EVEN HAVING TO WRITE HERE AND SPEND MY TIME DOING THIS IS MAKING ME EVEN MORE UPSET AND RELIVE ALL OF THIS, EVNN NOW WHILE THE DOG IS QUIET , BECAUSE I WELL I KNOW TOMORROW IS GOING TO BE A REPEAT! I had to call in sick at work too because of this , and lost wages as my job ( per diem) does not have the benefit of sick pay. The neighbor and her renter fell they are doing me a " favor " by closing the window , again after 3 years of asking , in the summer is THE WORST WITH ACTIVITY, ETC STIMULATION of the dogs as they renter has one to that barks but not as much as the other, the WINDOWS MOSTLY NOT CLOSED IN THE SUMMER ETC , SO THEY FEEL THEY ARE DONG ME A FAVOR NOT THAT THIS IS MY RIGH TO ENJOY MY HOME AND REST ETC. I BEEN LIVING HERE FOR 2O YEARS , THEY ONLY HERE FOR 3 Years( they is the owner and her renter) he is calling me names that I am angry and "projecting" because there are other dogs in the neighborhood that are barking , yes but they do not bark CONTINUOUSLY AND ARE NOT AS CLOSE! THE CLOSET ONE IS RIGHT NEXT TO ME ON THE OTHER SIDE, same distance THEIR DOG BARKS OCCASIONALLY , THE OTHER IN THE BACK OF MY YARD ALSO CLOSE, THAT BARKS OCCASIONALLY AS WELL; INTERESTING , I DO NOT TELL THEM ANYTHING ABOUT THEIR DOGS AND NOT " PROJECTING " WITH THEM AT ALL. The renter threaten me when I mention this several times trough the summer , last time he said " I think I suddenly like loud rock on roll music " meaning to be played in their yard out side few feet away form my house! I been recording times of barking for 3 years , etc , times dated when I talked whit them etc .They also live their .dogs in the yard unsupervised barking ( but no so much) but enough to wake me up if I sleep.My question here is very specific :Even with the windows closed of their house and the dog barking enough to bother me like this to write to you and considering legal action now , is there any thing that protect them because the dog is inside the house and the windows are closed ? do that makes ok for me to continue to be bothered , because they took the measure to close the windows? Do I still have the right to have peace and quiet in my house , because they did close their windows?the owner refused to talk with me and is hostile towards me ,both her and her renter because of this barking dog situation and her insensitivity and not willing to do anything to resolve and control her dog barking continuously .so again:windows closed , dog barking inside their house still loud for me to bother me , not sleep headache , fight w my husband cuz my nerves are fried , he can study for his exams etcTHE WINDOW CLOSED AND THE DOG BARKS INSIDE THEIR HOUSE , IS THIS SOMETHING I HAVE RIGHT TO ***** RESOLVED , BECAUSE THE WINDOWS ARE CLOSED AND THY THINK THIS IS ENOUGH?

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hi I have residential parking question, it is been noumerous

hi I have residential parking question,it is been noumerous time that someones vehicle parked close to my garage door, is there any regulation how many feet away someones vehicles should be parked on left or right side of garage entrace?

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Doctoral Degree

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Hi, ScottyMacEsq. Similar situation regarding a shared driveway...

Hi, ScottyMacEsq. Similar situation regarding a shared driveway... Just want to make sure I understand since I have seen different adverse use periods referenced (10 years and 20 years).Around 18 years ago, my home was owned by "John" who fell in love with his neighbor, "Jane." They then remodeled their homes together and installed matching circular drives which intersect. In order to do this, Jane had to give John access to a driveway-wide strip of land. In other words, John and Jane did not give equal or intersecting portions. Jane gave up land, John merely built his drive so as to intersect with the portion that Jane gave up. Ten years ago, the relationship between John and Jane ceased, John moved out and I purchased John's home. I have both lived in and rented the home owned by John. I have used the shared drive, or my five subsequent tenants have used it, almost daily for that period. Jane does not like my current tenants so as of last week she has sought to inconvenience them by constructing a makeshift barricade on the part of the circular drive that sits on her property. May I ask you whether she is entitled to do this? What would be Jane's best argument that she may effectively rescind the right? If Jane is successful I note that my property value will be greatly diminished -- as will hers -- especially if she destroys the circular drive physically. The entire concept of my front yard is based on the circular drive and to have to reconfigure the yard would be aesthetically devastating and extremely costly. Many thanks!

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Doctoral Degree

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I have a property which has a shared driveway in California.

I have a property which has a shared driveway in California. My neighbor has been renting out the garage to someone as well as renting a room to someone else and so there are two cars which park on their side of the driveway but use our side to enter and exit. Is this legal for them to park there and what risks do I incur allowing them to do this?

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Attorney and Counselor at Law, Mediator

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I have a shared driveway about 3/4 mile long and the neighbors

I have a shared driveway about 3/4 mile long and the neighbors ran over one of our dogs ( speeding ) about 35 mph they said they are going to take them out one at a time. What can I do

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Alex J. Esq.

Managing Attorney

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In Vermont I have a right-of-way for vehicular traffic (a driveway

In Vermont I have a right-of-way for vehicular traffic (a driveway easement) of several hundred feet across my neighbor's land to access the public road. We have an amicable relationship and share driveway maintenance costs. My property and my neighbor's are seasonal second homes. My neighbor next plans to be at his home with his extended family on Dec. 21 for the holidays. The following problem has arisen: my septic system failed and I need to construct a mound waste water system before winter. An engineer submitted plans to the VT Agency of Natural Resources and a permit for the system may be issued shortly. I have also hired an experienced local contractor, who works closely with the waste water engineer, to construct the mound waste water system. He is confident he can bring in the necessary equipment and materials over the shared driveway to construct the new waste water treatment system and restore any damage to the driveway in the next two to three weeks (depending, of course, on when the permit is actually issued). My neighbor has become extraordinarily anxious that winter weather in Vermont will prevent my contractor from restoring any damage to the driveway in time for my neighbor and his family to get to their house for the December holidays. He asserted today that it was "his driveway" and that he did not give me permission to use it.My deed states that I have a "right of way for vehicular traffic" across my neighbor's property. Although my intention is to provide sufficient reassurances from my contractor to my neighbor that the driveway will be entirely functional when my neighbor plans to use it when his family is with him, that my neighbor will be comfortable with my use of our common driveway, I am writing to ask what my legal right is to bring in 10-wheel trucks loaded with sand and other excavation equipment over my neighbor's objections, if that were my only recourse.

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

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