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Joint Driveway issues

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QualityQ

Junior Member
What is the name of your state (only U.S. law)? Tennessee

I have a joint driveway with my neighbor. according to property lines 4 feet of the driveway is mine and the remaining 12 is my neighbors. there have been no problems until recently, I parked on my side and he parked on his. Recently he has informed me that if I dont pull my car up to the very front of my side of the driveway he will not allow me to park on it at all. I searched and found a joint driveway agreement on file with the city from 1985, (before either of us lived in either house) but all it says is that each owner must keep up there respective side, and it is signed by both former owners. Does he have the right to kick me off the joint driveway, since a car does cross into his property? or do I have claim to my side simply because a joint driveway agreement exists?
 


drewguy

Member
What is the name of your state (only U.S. law)? Tennessee

I have a joint driveway with my neighbor. according to property lines 4 feet of the driveway is mine and the remaining 12 is my neighbors. there have been no problems until recently, I parked on my side and he parked on his. Recently he has informed me that if I dont pull my car up to the very front of my side of the driveway he will not allow me to park on it at all. I searched and found a joint driveway agreement on file with the city from 1985, (before either of us lived in either house) but all it says is that each owner must keep up there respective side, and it is signed by both former owners. Does he have the right to kick me off the joint driveway, since a car does cross into his property? or do I have claim to my side simply because a joint driveway agreement exists?
What does your deed say? Ordinarily a "joint" driveway is created by mutual easements or something similar. Such an easement would be recorded on your deeds and should appear on your title. The maintenance agreement likely means that there is an easement--you just have to find the proof of it. If there's no easement, then the maintenance agreement is pretty meaningless, since you would have no right to use his part of the driveway so it's irrelevant what condition he keeps it in.
 

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