shared driveway - who calls the shots?

[mairéad]

State: New York
• We purchased a house, in 1995, that has a shared driveway. (Never again!!)
• One driveway, in between two homes.
• Easement agreement drafted in 1957, lots of legal wording ~~ but it appears to basically state you have to allow the “other owner” to be able to use your side of the driveway to get in and out.
• Originally, there was a garage at the “end” for each house
• Garage on our side, has not been on lot since we moved in seven years ago (not sure if this matters or not, as the wording on the easement does refer to be able to get to the garages)
• Both homes, originally single family (build around 1923)
• “Other” home has been a two family since 1987. Hence where the problem starts.
• “Other” home has multiple cars (range from 2 to 5 over the years) and they really need our side of the driveway to go in and out around the other tenant’s car.
• We do not need the “other” side of the driveway.
• We can just move our own personal car out, if we need to back the other one out.
• Owner of “other” home told us we have to keep our cars at the very far end (deep) of the driveway/property ~~ “b/c that is how it has worked for years” ~~~ and b/c he needs to have it this way so he can “split up” the front and the back of his side for his two tenant families.
• Assuming, when easement was drafted, it was to really accommodate one car for each family (back in 1957)
• Questions: 1) can he tell us where on “our side” of the driveway to park, to accommodate his tenants?
• We have known situations, that if it is tenants, they just have to deal with planning on who parks where, and trade keys, etc.
• Is this land, on our side, “ours” in ownership? We would like to take about ten feet, at the deep end, away from the street end (of our side of the driveway) ~~~ to make a larger back yard. ~~~ and fence that part in ~~~~ Doing this would not infringe on “other” owner’s tenants cars being able to go in and out. It basically is the same area where we already put our cars ~~ specifically a “third” car if we have quests, but instead, we would put any guest cars in the road and NOT in the driveway. It just shortens our side of the driveway by one car length, does nothing to the “other” owner’s side of the driveway.
• Village said no “ordinance” against putting a fence on part of a shared driveway. It is up to the owners.
• Thanks in advance.

 

[HomeGuru]

State: New York
• We purchased a house, in 1995, that has a shared driveway. (Never again!!)
• One driveway, in between two homes.
• Easement agreement drafted in 1957, lots of legal wording ~~ but it appears to basically state you have to allow the “other owner” to be able to use your side of the driveway to get in and out.
• Originally, there was a garage at the “end” for each house
• Garage on our side, has not been on lot since we moved in seven years ago (not sure if this matters or not, as the wording on the easement does refer to be able to get to the garages)
• Both homes, originally single family (build around 1923)
• “Other” home has been a two family since 1987. Hence where the problem starts.
• “Other” home has multiple cars (range from 2 to 5 over the years) and they really need our side of the driveway to go in and out around the other tenant’s car.
• We do not need the “other” side of the driveway.
• We can just move our own personal car out, if we need to back the other one out.
• Owner of “other” home told us we have to keep our cars at the very far end (deep) of the driveway/property ~~ “b/c that is how it has worked for years” ~~~ and b/c he needs to have it this way so he can “split up” the front and the back of his side for his two tenant families.
• Assuming, when easement was drafted, it was to really accommodate one car for each family (back in 1957)
• Questions: 1) can he tell us where on “our side” of the driveway to park, to accommodate his tenants?

**A: yes but it is up to the two of you owners to work something out.
**********

• We have known situations, that if it is tenants, they just have to deal with planning on who parks where, and trade keys, etc.

**A: tenants have just as much right to ingress/egress as a property owner.
*********


• Is this land, on our side, “ours” in ownership?

**A: if you hold title to it is is. But remember, the easement encumbers your property.
********

We would like to take about ten feet, at the deep end, away from the street end (of our side of the driveway) ~~~ to make a larger back yard. ~~~ and fence that part in ~~~~ Doing this would not infringe on “other” owner’s tenants cars being able to go in and out. It basically is the same area where we already put our cars ~~ specifically a “third” car if we have quests, but instead, we would put any guest cars in the road and NOT in the driveway. It just shortens our side of the driveway by one car length, does nothing to the “other” owner’s side of the driveway.

**A: you can do whatever you want as long as you are able to abide by the easement agreement.
************

• Village said no “ordinance” against putting a fence on part of a shared driveway. It is up to the owners.
• Thanks in advance.

**A: the village people are correct. This is a civil matter between 2 owners.