Legal Question in Real Estate Law in Wisconsin
Shared driveway.
Shared driveway with neighbors. Property next door is
now rental and not owner occupied. Renters have
destroyed driveway and won't help with upkeep. Our
property line includes approx. 80% of drive. Drive
has been there for more than 20 years. Renters won't
provide owners name. Properties were both owner
occupied with no trouble, renters also leaving trash
on our property. Renters park so many vehicles that
drive is not usable. Can we fence the property
2 Answers from Attorneys
Re: Shared driveway.
Assuming that there is no applicable agreement, a
lawsuit could be used to prescribe future use of the
driveway. It would not, however, be quick or simple.
You should definitely attempt to negotiate with the owner
and ideally buy some sort of clarification from him
before suing.
Re: Shared driveway.
Your information doesn't indicate whether there is
a written, recorded agreement regarding the shared
driveway. The best way to check for both the
existence of such an agreement and who the real
owners of the neighboring property are would be to
either contact a title company and pay for such
information, or go to your county courthouse and
research such information in the Register of Deeds
office. If a shared driveway agreement exists, it
would be best to have it reviewed by an attorney
and get the attorney's opinion as to how to proceed.
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