What is the name of your state (only U.S. law)? NY
Here's the issue...we are tenants, the neighbor owns her home. Our landlords' parents built & owned our home, the neighbors', and the next home, obviously until they sold off on 2. We have a shared driveway, maybe 15 feet wide, our side & her side meshed together. We each have 2 car garages in the back with the driveway expanding once you get to the rear. The nasty litlle old neighbor decided to put a fence up because she doesn't like me anymore, and she reiterated this to police that, "the fence went up because of HER attitude". Well, she had the fence put up supposedly a few inches in her side of driveway. Now, neither my husband nor I can get in or out of the driveway, without great difficulty, so we've been forced to park on the street, rather than scratch our vehicles. Meanwhile, she has plenty enough room to BACK in to her driveway, and her garage! From the front, it looks as if the driveway slants into our side toward the front. The landlord is waiting on the survey map from the bank, and she isn't sure if there is an easement agreement. My question is, if this driveway has been shared for years, and used for years by both parties, and is the only means to the rear of our home, which the city requires parking in the rear in residential neighborhoods, can we claim prescriptive easement? What are some other options, assuming that since the homes were previously family owned there may not be an easement or right of way in the deed?
Here's the issue...we are tenants, the neighbor owns her home. Our landlords' parents built & owned our home, the neighbors', and the next home, obviously until they sold off on 2. We have a shared driveway, maybe 15 feet wide, our side & her side meshed together. We each have 2 car garages in the back with the driveway expanding once you get to the rear. The nasty litlle old neighbor decided to put a fence up because she doesn't like me anymore, and she reiterated this to police that, "the fence went up because of HER attitude". Well, she had the fence put up supposedly a few inches in her side of driveway. Now, neither my husband nor I can get in or out of the driveway, without great difficulty, so we've been forced to park on the street, rather than scratch our vehicles. Meanwhile, she has plenty enough room to BACK in to her driveway, and her garage! From the front, it looks as if the driveway slants into our side toward the front. The landlord is waiting on the survey map from the bank, and she isn't sure if there is an easement agreement. My question is, if this driveway has been shared for years, and used for years by both parties, and is the only means to the rear of our home, which the city requires parking in the rear in residential neighborhoods, can we claim prescriptive easement? What are some other options, assuming that since the homes were previously family owned there may not be an easement or right of way in the deed?