Typically, shared driveways fall into one of three categories of legal ownership: (1) the entire driveway is owned by one neighbor but the other neighbor has an easement over the driveway (a right to use the driveway); (2) ownership of the driveway is divided in two, with one neighbor owning part and the other neighbor …
Never block or allow your visitors to block the shared driveway, and make it impossible for your neighbour to use it. If you wish to install a gate, wall or fence anywhere along the perimeter or at either end of the shared driveway, you should gain permission from your neighbour.
A shared driveway is generally a driveway jointly owned by the owners of the properties it gives access to. Details of the way in which it is owned (i.e. owned in common or with reciprocal right of way easements) are shown on the deeds.
Neither neighbour has a right to park their car on a shared driveway, as such it’s something that must be worked out privately between both parties. There’s little legal protection on this issue as whichever way you slice it, your car will either be illegally parked or blocking a right of way.
Can my Neighbour block my driveway?
If a vehicle is parked on your driveway without your permission, they would be trespassing. … If someone has parked on your driveway and you were to block them in, be careful not to cause an obstruction to the public highway as this is a criminal offence. If you do, the owner of the vehicle could call the police on you.
Can a Neighbour block a right of way?
A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the “dominant” owner) can apply to court for an injunction and damages if the landowner (or “servient” owner) blocks it.
Answer: Check your title deeds and those of your neighbour to establish the boundaries of your property and how the driveway is owned. You could each own half of it, or one of you could own the whole of it. Either way, as the driveway is shared you will each have been granted certain rights of access over it.
The most significant possible negative is that – because you are sharing the driveway with other people – you may become involved in a disagreement. Neighbors, being human, can sometimes get into arguments.
Is there a law against parking too close to a driveway?
Sallas said in an email the code states that it is unlawful to park, whether occupied or not, in front of a public or private driveway except momentarily to pick up or discharge a passenger or passengers.