Legal Question in Real Estate Law in Wisconsin
Shared/Common Driveway Dispute...
Next door is a rental property with which I share a common driveway agreement from 1926: (excerpt) ''the owner of the north half of lot 42...[has the] right of use of half of the common driveway that is on the south half of lot 42'' and vise versa. 1) the driveway curves over entirely onto my property near the back end of the lot 2) the landlord has no clearly defined parking area/driveway on his property 3) the defined driveway is made up of dirt and is apt to change over time with the tenant's car use, destroying and possibly incorporating into the driveway any of my land not previously marked as a driveway. I feel I have the right to use as I see fit any of the land between our properties that is not marked out as a driveway but is solely my property so long as it does not hinder their access or impede on the driveway. What are my rights? What is the definition of a ''common driveway''? If the driveway does not lay on both our properties is it still ''common'' if it lies close to/on the property line (my thought is no)? Does the landlord have the right to incorporate/expand onto any unused property of mine along his line as part of the common driveway in the future?
1 Answer from Attorneys
Re: Shared/Common Driveway Dispute...
Hello,
Unfortunately, it is not possible to give you an opinion via a posting like this. If I were your lawyer, I would have to read the deed in its entirety, find out what both of you are arguing and trying to achieve, do research as to laws and court decisions, and then I could review options legally and otherwise. To try to guess at those things based on what I have is not possible. It shouldnt cost too much for a lawyer to give you some options. best wishes, Mark J. Mahoney
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
