Legal Question in Real Estate Law in New York

We are purchasing a house on land contract. the neighbor has a right of way deeded for purpose of a driveway with specific measurements of center of driveway to 4 foot over towards her property. however she refuses to park partially on her yard and takes up my entire driveway. I know i cannot force her to not use my driveway but isnt she only entitled to the mentioned 4 foot? we are going in front of a mediator soon so I at least want to have my facts and research correct. I don't mind her parking there but she continually uses the entire driveway and blocks our vehicle in and refuses to move so we can get out. my aunt had to cancel dr appointments because we could not get out of the driveway. The police cannot do anything because its a civil matter and I already know she will not sell back the right of way so what i need to know is what options do I have and what rules do both parties need to abide by concerning the right of way and the designated measurment as stated in the deed.


Asked on 2/07/11, 12:25 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

The neighbor is abusing the easement and is engaged in adverse possession. An easement to use a driveway does not include parking there. If you do not terminate the easement, she will have a claim that she owns the entire driveway. You did not start this war, but you need to finish it.

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Answered on 2/08/11, 2:43 pm


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