Legal Question in Real Estate Law in California
My drive way is too small to park normally and so we are required to parallel park in it. The adjacent neighbor's driveway and mine actually converge along the property line at the bottom for the last six feet going out to the street. This cuts off what would normally be a few additional feet of width from both of our driveways, limiting our access somewhat. My question here is can we legally drive across that portion of the neighbor's driveway to access ours? And, can we legally drive through the lower street adjacent portion of the neighbor's driveway to access ours?
2 Answers from Attorneys
Probably, but not for sure. The question involves the law of easements. A landowner may have a right to use a portion of a neighbor's land if he has an easement for such use. Easements can be created by express agreements or by continuous use over a period of time (five years) or by several other less-common means. Your situation sounds like one where you have an easement for use of a portion of the driveway. I suggest you consult with a local real estate lawyer to try to get a verification of your rights.
I agree with Mr. Whipple. The answer to your question is going to depend on whether you have an easement or not.
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