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    gymbabe52's Avatar
    gymbabe52 Posts: 1, Reputation: 1
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    #1

    Sep 28, 2010, 09:14 AM
    Legal rights of shared drives
    I have a shared drive. My neighbours have erected a fence on their side around their garage access which means should I wish to park my car in my garage there isn't enough room now to maneouver my car into my garage.

    As this is blocking access into my garage I am wondering if this is illegal.

    Your view would be greatly appreciated.

    Gary
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 28, 2010, 11:14 AM

    How is the shared driveway controlled? Is there an easement agreement? Who has been maintaining the driveway?

    If there is no easement agreement your neighbor is entitled to fence his/her property.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Sep 28, 2010, 01:14 PM
    Quote Originally Posted by JudyKayTee View Post
    If there is no easement agreement your neighbor is entitled to fence his/her property.
    The "shared driveway" could have come about in a number of different ways, only one of which would be an easement, easement agreement, or whatever you call it.

    For example, if the original owner built both of the garages, didn't specify easements, and then subdivided, selling one garage to each, there wouldn't be a specific agreement, but it would nevertheless probably be an easement by necessity.

    We need to know how this sutuation came about, babe.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 29, 2010, 06:44 AM

    I know - that's why I asked how the driveway is shared, if there's an agreement, babe.

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