• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Question regarding common driveway?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jasp

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

Good Afternoon, I have lived in my house now for 26 yrs. There are 4 houses that share a driveway with an easement. I just got a copy of our site plan today because the women on the end of the driveway is taking advantage of this driveway and making it extremely difficult using it.

Years ago the common driveway (easement) you could enter one way and exit another but about 15 yrs ago one end was closed off with the consent of all. This stopped the cars that didn't belong there using it as a short cut.

In my deed it states that behind my house I have 22 feet. It also states that 15 feet needs to be left open. We all obey this except the women who thinks she owns the driveway. Her property runs along the driveway where the rest of the 3 houses the driveway is at the rear of our property.

Withing the last yr this women has been parking anything from a Winnabegga (sp?) to car trailers leaving only 11 feet if that to come and go. The driveway is dark and we sometimes need to back up 100 ft trying to avoid the hill that is on the one side. The entrance to our driveway she has claimed as her own private space and has filled 5 gallon buckets with cement and lined them down the driveway where she wants to part leaving us maybe 9 ft to pull in which can be really difficult due to cars parking at the end of the driveway. I'm trying to back an F250 crewcab w/8 ft bed and cap. Sometimes we can't even have our mirrors out because they will hit what she has parked there.

She for the last week has had 3 trucks 2 trailers and buckets that we all have to back passed.

If the deeds state that there is to be 15 ft left open what can be done? Can the Police be called and make her remove the items that are not even titled to the owner?

Any advice would be greatly appreciated.
Sami
 


JETX

Senior Member
If the deeds state that there is to be 15 ft left open what can be done? Can the Police be called and make her remove the items that are not even titled to the owner?
The police can be called, but they likely won't do anything. This is a private drive and you would have to pursue your claim in civil court. I suggest the effected property owners group together and contact a local attorney who can write the offending homeowner a 'cease and desist' letter. If that doesn't work, then a restraining order might have to be pursued.
 

Jasp

Junior Member
Thank you for taking the time to give me some advice. Why would I ask for a restraining order with the driveway?

Sami
 

Zigner

Senior Member, Non-Attorney
Thank you for taking the time to give me some advice. Why would I ask for a restraining order with the driveway?

Sami
Perhaps a better word to use would be injunction... ;)


(Conceptually speaking...)
 

154NH773

Senior Member
If a servient tenant (the owner of the property over which the easement crosses) blocks the dominant tenant (you) from access to the easement or the use allowed by the easement, you can go to court and ask for an injunction (a court order) preventing her from blocking your access.
The access is clearly spelled out according to your quote; she must leave at least 15 feet clear.
That said; a court can do anything it wants, including ignoring the 15-foot stipulation. As the others noted, you should enlist the support of the rest of the affected people. Just make sure they also have the same easement language granted to them.
 
Last edited:

csi7

Senior Member
There are several agencies which work with easement requirements on a regular basis and any one of those places might provide additional information to help your case. The enforcement of law is set up among more than one agency so you willl have to research to find one that can help. Keep a timeline, work with the neighbors, and document everything as you move along. The more documentation you have, the easier it is for someone to say yes to helping in a specific portion of the matter.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top