Can my Neighbour park on a shared driveway?

Neither neighbour has a right to park their car on a shared driveway, as such it's something that must be worked out privately between both parties. There's little legal protection on this issue as whichever way you slice it, your car will either be illegally parked or blocking a right of way.

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Driveway Easement and Shared Parking Agreement

Suffolk New York Driveway Easement and Shared Parking Agreement

Name: Suffolk New York Driveway Easement and Shared Parking Agreement
Brand: US Legal Forms
Rating: 4.67 (296 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

County:

Suffolk

Control #:

US-EAS-33

Format:

Instant download

Description

Easement and agreement between two properties for a right of way and restrictions for use, access and maintenance of a driveway and parking lot. An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land. In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. A driveway easement may be created by recording a deed that states, for example, that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.

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FAQ

Shared driveway means when land uses on two or more lots or parcels share one driveway. An easement or tract (owned in common) may be created for this purpose.

Neither neighbour has a right to park their car on a shared driveway, as such it's something that must be worked out privately between both parties. There's little legal protection on this issue as whichever way you slice it, your car will either be illegally parked or blocking a right of way.

A shared driveway is usually owned by each of the homes involved. The part of the driveway on their land is owned by them, and the maintenance of the entire driveway is shared by all parties. In some cases, the driveway may be owned by one house, but legal access is given to anyone who needs to use it.

The easement is an agreement giving someone the right to go onto someone else's property within certain boundaries. An easement can specify that each homeowner owns part of the driveway but has the legal right to use the full space to drive to and from the garage.

There are generally two types of shared driveway. One is a clear cut shared piece of land that is owned by all users equally. The other is a private access road that may be owned by one person, but is allowed to be used by anyone who needs access.

The driveway can be used by the neighbour for one purpose i.e. to access their own property. These easement rights cannot be removed unless all parties agree for the easement to be removed. However, in the case of shared driveway this may be unlikely because the neighbour will need it to access their property.

Generally, a shared driveway is owned by all parties with the section of the driveway a party uses owned by them. However, the maintenance of the entire driveway area should be shared between all parties.

If one party believes the shared driveway belongs to them, they may block access and make it impossible for the other property owner to use the driveway. The law clearly states that driveway use should be fair; however, it may be that a neighbour is unaware that the driveway is actually shared.

One option for dividing property lines down a shared driveway is to install chain link fencing. A chain link fence is a relatively inexpensive fence to have installed, and can readily be placed over asphalt. Asphalt is soft enough to allow fence posts to be sunk into the driveway.

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Share Link to section. On the day of in the year 2006 before me, the undersigned, a Notary Public in and for said State, personally appeared.How do I allocate costs of repaving a driveway between my two neighbors with easements to use it? Building a shared-use path, or sidepath, parallel with the roadway (typically in the public right-of-way or within an adjacent easement); or. Easement, which addresses the "future uses" issue in a rather unique way. 11.2.2 Investigate Use of Shared Parking at Certain Private Lots . Currently utilized as a surface parking lot adjacent to the property located at 144 Addison. Street in the East Boston neighborhood of Boston. Such clauses in a lease cannot be enforced against the tenant.

Suffolk New York Driveway Easement and Shared Parking Agreement

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