we use to use it exclusive but then a big truck was parked there
No, assuming that it is, in fact, a shared driveway (see your deeds), neither neighbor has the right to obstruct the right of way. You can only park within your property lines; you cannot park so as to lie within the other neighbor's property. I had the same issue with my property, but later found out the driveway wasn't actually shared (it belonged to me!).
You need to review the document that created the shared driveway. Shared driveway agreements generally provide for maintenance and upkeep.
Who ever was backing first should have had the right of way.
the pedestrian has the right of way
yes
in some counties you need to obtain a permit to obtain a right a way otherwise no
The answer all depends on the language used when the shared driveway was created and state laws. It also depends on where exactly she is providing access, over the driveway easement or on her own land. If the land involved was specifically dedicated to a "shared driveway" to be shared by the owners of the abutting properties then she has no right to put the land to another use. You should consult with the attorney who represented you when you purchased the property. Shared driveway easements are an unending source of trouble when one or both owners overstep their rights. You need to check the language in the deeds and determine what state laws govern the easement. For that you need expert legal advice. You should act ASAP.
Answer: Check the language in the deeds that created the common driveway. The shared rights should be set forth in that language. Keep in mind that you cannot block the other party who has right to the common driveway.
Although the language you used in your question doesn't sound quite right it seems to infer that there is a common driveway shared by lots 1 and 2 and they also share the ownership interest in that common driveway.
The road right of ways rules in Philippines is that any person coming out of the parking or driveway has a right of way.
Generally a driveway connects the dwelling to the street. The owner of the lot on which the dwelling sits usually owns the driveway. There may be a different situation where the driveway is shared by two property owners or there exists a right of way over the driveway granted to the owner of another property. In that case the deeds to both properties must be examined to determine who has what rights- the right to use or ownership rights. A property owner cannot block a right of way that has been granted to another party at some time in the past.You may need to consult with an attorney who specializes in real estate law in your area who can review the deeds and explain your rights and options. That should be scheduled as soon as possible and would be a wise investment.
There may be "right of way" issues that need to be addressed. If the right of way has been maintained for a specific amount of time (determined by state law in YOUR state), you can demand that the right of way be continued. If there is no specific or other right of way and no access to the land, you might want to consider a lawsuit against the person who sold the land.What you have is perhaps an "easement" question. Even if the deed does not say you have a right to pass and repass upon his portion of the driveway, you have an "easement implied in law." In other words, the owner knew about the driveway across his land, sold you the land with the driveway, and thus burdened his own land by giving you a perpetual right to use the driveway across his land. For future reference, you should amend the deed to include the easement, or obtain another signed document that describes the easement and have it recorded in the registry. This will help prevent any future owner from attempting to deny you the use of the driveway and the easement upon the driveway.