You need to review the document that created the shared driveway. Shared driveway agreements generally provide for maintenance and upkeep.
You need to discuss your situation with a local attorney who can review the deeds, the easements and the taking by the city.
If I understand you correctly, it wouldn't be an easment without written consent, so I don't see how they could have an easment without the owner's consent, unless the easment was put into place before the current owner purchased the land, then they would be bound by the easment, having known of it before they purchased the land. If it is completely illegal, the owner could sue to have it removed, sue for damages, or force the developer to purchase the piece he's using for fair market value.
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.
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.
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.
Who ever was backing first should have had the right of way.
No. One party with rights to use a shared driveway cannot park so as to block the other user or owner. If you are a renter, complain to the owner of the property. If you are an owner you may need to request that an attorney send a letter explaining your legal rights.No. One party with rights to use a shared driveway cannot park so as to block the other user or owner. If you are a renter, complain to the owner of the property. If you are an owner you may need to request that an attorney send a letter explaining your legal rights.No. One party with rights to use a shared driveway cannot park so as to block the other user or owner. If you are a renter, complain to the owner of the property. If you are an owner you may need to request that an attorney send a letter explaining your legal rights.No. One party with rights to use a shared driveway cannot park so as to block the other user or owner. If you are a renter, complain to the owner of the property. If you are an owner you may need to request that an attorney send a letter explaining your legal rights.
form_title= Driveway Pavers form_header= Hire the professionals to pave your driveway. What is the size of your driveway?*= _ [50] Currently, is your driveway made with gravel?*= () Yes () No Is your driveway circular?*= () Yes () No
No, the word "driveway" is not an adverb.The word "driveway" is in fact a noun.