If there is more than 1 party to a shared driveway who has the right to say who parks where?
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If there is more than 1 party to a shared driveway who has the right to say who parks where?
I live on heir property and there is a private
driveway that is shared. Does one family
member have the right over the other as for as
telling anybody to park or not to park as long as
the driveway is not blocking either party?
Asked on May 21, 2018 under Real Estate Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
For a precise answer, review your title & deed: what does it say about the shared driveway? Does the other person have an easement or other written right to use it? Who owns how much or which part of the land under the driveway (i.e. could you and then effectively separate the shared driveway into two driveways)? Is there no actual easement but it's just been traditional for A to give B permission to use A's driveway--which permission could potentially be rescinded. Is your one of the properties "landlocked" so that there is no way to access it except through the driveway, in which case a court would not likely take away that access even if there is no easement currently existing. There are many ways or reason a driveway could be shared and the facts will influence the answer to your question: there is no way to answer it in the abstract.
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