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    sugarpie419's Avatar
    sugarpie419 Posts: 1, Reputation: 1
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    #1

    Sep 17, 2012, 08:22 AM
    Legal Rights of a Shared Driveway
    Our neighbor, who is a grouchy 86 year old man, shares a driveway with us. My mother, who has had a massive stroke and congestive heart failure has lots of nurses, caregivers and doctors who come on a daily basis. The neighbor refuses to share the driveway and parks on our side in the back , because he has his trailer on his side. I have had to call the police about him blocking in one of the caregivers, and they explained to him that he could not hog the driveway.Since then he has pulled the trailer out and blocked his side and uses our side. This is very nerve-racking to go through this every day. What should I do?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 17, 2012, 08:25 AM
    Quote Originally Posted by sugarpie419 View Post
    Our neighbor, who is a grouchy 86 year old man, shares a driveway with us. My mother, who has had a massive stroke and congestive heart failure has lots of nurses, caregivers and doctors who come on a daily basis. The neighbor refuses to share the driveway and parks on our side in the back , because he has his trailer on his side. I have had to call the police about him blocking in one of the caregivers, and they explained to him that he could not hog the driveway.Since then he has pulled the trailer out and blocked his side and uses our side. This is very nerve-racking to go through this every day. What should I do?

    I think I understand the past history (shared driveway, he parks on both sides and block in visitors to your mother's house). Currently he cannot park on his side because he blocked it with a trailer and he uses your mother's side to pull and out - but he doesn't park on her side and doesn't block anyone in.

    Is that right?

    I understand these matters are frustrating and upsetting and there's past history BUT unless he's violating the easement (by blocking people in, for example) there is little you can do.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Sep 17, 2012, 09:19 AM
    Quote Originally Posted by sugarpie419 View Post
    Our neighbor, ... shares a driveway with us. ... refuses to share the driveway and parks on our side in the back , because he has his trailer on his side.... he has pulled the trailer out and blocked his side and uses our side. ...
    It's hard to understand the exact situation, absent a diagram.

    Is this driveway a mutual easement, with both of you having easement rights to use land otherwise belonging to the other?

    You need to come to an agreement regarding which portion of the driveway can be parked on, either by his vehicle, his trailer, your mother's caregivers' vehicles, etc. Put this agreement in writing to prevent future misunderstandings.

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