What is the name of your state?What is the name of your state? New York
We are having a problem with our new next door neighbor over a driveway that is between our houses. With the previous owner, we would each park our car in the driveway and would inform each other when one had to move the car so that the other could come out. When the new neighbor moved in, they claimed that the driveway was private to them and that we could no longer park our car there. Our land survey shows that our property line includes part of the driveway (6.5 ft). They showed us their survey (which did not have an official seal) which showed us having only 5.3 ft. In our research, we have found that there is no easements associated with either of our deeds. There is no language that describes that the driveway belongs to one or the other. To make matters worse, they put up a locked gate that extends over what they believe to be their property line. It looks tacky to have a locked gate over 2/3 of a driveway. Right now they are parking multiple cars in the driveway and they are extending over into our property line. I have two questions: 1) Can someone claim a driveway to be private even though it is clear on both surveys that neither one owns the entire driveway? 2) How can land surveys differ in the dimension of how many feet of the driveway belongs to each owner?
We are having a problem with our new next door neighbor over a driveway that is between our houses. With the previous owner, we would each park our car in the driveway and would inform each other when one had to move the car so that the other could come out. When the new neighbor moved in, they claimed that the driveway was private to them and that we could no longer park our car there. Our land survey shows that our property line includes part of the driveway (6.5 ft). They showed us their survey (which did not have an official seal) which showed us having only 5.3 ft. In our research, we have found that there is no easements associated with either of our deeds. There is no language that describes that the driveway belongs to one or the other. To make matters worse, they put up a locked gate that extends over what they believe to be their property line. It looks tacky to have a locked gate over 2/3 of a driveway. Right now they are parking multiple cars in the driveway and they are extending over into our property line. I have two questions: 1) Can someone claim a driveway to be private even though it is clear on both surveys that neither one owns the entire driveway? 2) How can land surveys differ in the dimension of how many feet of the driveway belongs to each owner?