Legal Question in Real Estate Law in Maryland

There is a driveway with a curb cutaway adjacent to my house which accesses a back parking lot and some garages for rent. I have owned my house and been using this driveway to access a parking space I rent in the back lot for about 12 years. A new neighbor purchased the property with the driveway in June and is now attempting to prevent anyone from driving or even walking through his driveway. Does the neighbor have the right to prevent everyone from using the driveway? I would assume I would at least be legally able to use the driveway to access the side of my house for maintenance purposes, but the neighbor has forbidden all entry to his property.


Asked on 2/07/13, 12:26 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

Your question raises issues of easements and title which cannot adequately be answered in an online post. An attorney would need to review the title to see what rights (if any) are identified for the driveway. In some cases even if the title doesn't give the right to use an owner can claim rights by making a legal claim based on necessity or estoppel or some other basis.

I encourage you to consult with an attorney who can review the specifics of your situation and offer advice on your options.

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Answered on 2/07/13, 2:47 pm


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