Want this question answered?
You need to review the document that created the shared driveway. Shared driveway agreements generally provide for maintenance and upkeep.
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.
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!).
A co-owner of a shared driveway cannot claim more rights in the driveway for themselves by blocking access to the other owner. They would have no defense if the other party were to sue and could be liable for any resulting damages and legal costs. Your neighbor's behavior is unreasonable and irresponsible. You should consult with an attorney.
The driver travelling in reverse is almost always responsible. In this case, he would have had a duty to ensure the road was clear before backing out of the driveway.
In most states, the driver backing up is always responsible for avoiding a collision unless other circumstances enter into the collision, such as DUI, excessive speed or faulty brakes on the part of the other vehicle. But even then, the responsibility may be "shared".
It is the person who is blocking the private driveway's fault because they should have known not to park in front of a private driveway in the first place. However, if the private driveway is not marked with a sign of some sort to let people know that it is private, it may be the driveway owner's fault.
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.
It depends on the specific terms outlined in the condo association's bylaws or the individual condo's governing documents. In some cases, the responsibility for maintaining and repairing driveways may fall on the condo association, while in others it may be the responsibility of the individual condo owner. It is best to review the governing documents or consult with the condo association to determine who is responsible for the driveway repairs.
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.
Your answer depends on who owns the driveway, and who damaged the drain. Best practices dictate that you file a police report and contact your insurance carrier, who can sort out who pays for the repair of the damage.