Legal Question in Real Estate Law in New York

Shared driveway w/ nagging neighbors

We share a drive way with our next door neighbor. the drive way is bottle shaped. it starts from the street with a long bottle neck then widens into the 2 garages (one belonging to each of us).

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| [] | []

|_[]___| []=2 door sedan

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| G's | G's= Garages

|______| Side-by-Side

Our neighbor had their side of the driveway tarred a number of years ago that clearly shows the division btwn our 2 properties in 2 equal halves. we own two cars and sometimes have one in the garage and one parked in front of the garage totally on our side of that division line and doesnt obstruct the entrance of another car getting in or out from our neighbors garage (by the way, they dont even have a car and are not renting it to anyone at the time either). when we park it in front of our own garage they get pissed, and they dont give a reason why. we try to respect their wishes but my question is, can we legally park our car on our side of the SHARED driveway as long as its not obstructing the path of a car getting in & out? is there a certain amount of square feet or something that determines this?


Asked on 10/10/06, 10:47 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Shared driveway w/ nagging neighbors

I do not see a problem, especially if your car is clearly parked on your property and does not obstruct their use of their garage (access in and out). The use of the driveway must have been created by easement contained in a Deed. Does this easement restrict or prohibit you from parking a second car? This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. Missing facts could produce a different response.

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Answered on 10/10/06, 11:00 am


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