Questions on Shared Driveway Laws
What is a shared driveway?A shared driveway is defined as a driveway that is legally owned by two different owners of two different properties. A shared driveway owner will give these two owners the ability to use the driveway equally. In many cases there is a deed that will outline which portion of the driveway is owned by what individual. A shared driveway is very common in many areas within the United States. Along with shared driveways being common so are the shared driveway issues that seem to arise.
In the state of New York, what legal action does an individual have if their neighbor has placed an air conditioner unit that blocks the shared driveway?In this case both individuals do have the right to use the shared driveway, and the neighbor does not have the right to block the driveway in anyway resulting that the other individual cannot use their part of the driveway. The individual will have the right to sue the neighbor for nuisance in court and obtain a court order stating that the neighbor will have to remove or place the air conditioner unit in another place that does not block the shared driveway. When going to court over this matter, the individual can also request that the neighbor pay the individual money for any damages that were caused by not being able to use the driveway.
In the state of California, what can an individual do if their neighbor is blocking the shared driveway while having an easement in place?Normally, in this type of situation, the easement will allow the use of the shared driveway to enter and leave. This will also include not blocking the shared driveway. In the case where an individual has went over the easement and has blocked the driveway, resulting in other owners being unable to use what is legally theirs, this individual can take this matter into the Civil Court. The Civil Court can award this individual with any damages that were caused because of the blocked driveway, and also help put a stop to the other individuals that are blocking the driveway.
If an individual lives on a property that has a shared driveway, what can this individual do legally if the owner of the property and shared driveway refuse to maintain the driveway and the individual has already paid out of pocket to have patch work done to the driveway?In this case there are no certain laws that are set in place stating that this individual has to pay in full for the upkeep of a shared driveway. Although, this individual can sue the owner of the property and shared driveway in fairness for the cost of the repairs that the individual had paid out of pocket for. The process of this is the individual will appear before the court, and claim that the owner will be unjustly enriched if they have to take on the entire amount in order to maintain a safe driveway.
In a community shared driveway that is an easement does on individual have the right to park their vehicle in the entrance just leaving barley enough room to get past?In this case since the driveway is an easement if this individual is blocking a reasonable use of the driveway the others involved can sue this individual for doing this. When accessing a shared driveway, all individuals have the responsibility to keep the driveway clear, and in this case an individual is blocking it, and this can cause injury to another person. What the individual will need to do is file a complaint with the court that will legally stop them from blocking the driveway, and possibly even fined.
When sharing a driveway there can be problems and legal issues that can arise. Some may not even be aware of their shared driveway rights. Each individual that shares a driveway with another has equal rights to that driveway. When running into problems with a shared driveway, you can get your questions answered by asking an Expert to evaluate your case details and provide legal insights.