Joint Access Easement Rights

[luvmyhound]

Our property line goes right down the middle of our and our neighbors driveway (lengthwise). So basically the left side of the driveway is on our property and the right side of the driveway is on their property. Our neighbors are not nice people. They rent out the house (it's a dump no one has rented it for over 3 yrs) but they uinsist that we not park at the bacl of out house using 1 ft of their property - not blocking anything at all. Anyway, I would like to put a fence right down the middle of the driveway and make a new one on my side so they can do whatever they want and I will not have to deal with them anymore. I emailed the city and the city manager person looked up the plats and deeds and said "it appers to actually be a joint access easement. The deeds or plat does not appear to contain any notations concerning joint access between the properties in question ..." Since there are no notations abt the easement can I put up a fence or will I have to go to court to do it? Any help would be great!!! Thanks!!

[Mr. Knowitall]

Get all of the titlework for the properties, and have it reviewed by a real estate lawyer.

[seniorjudge]

Our property line goes right down the middle of our and our neighbors driveway (lengthwise). So basically the left side of the driveway is on our property and the right side of the driveway is on their property. Our neighbors are not nice people. They rent out the house (it's a dump no one has rented it for over 3 yrs) but they uinsist that we not park at the bacl of out house using 1 ft of their property - not blocking anything at all. Anyway, I would like to put a fence right down the middle of the driveway and make a new one on my side so they can do whatever they want and I will not have to deal with them anymore. I emailed the city and the city manager person looked up the plats and deeds and said "it appers to actually be a joint access easement. The deeds or plat does not appear to contain any notations concerning joint access between the properties in question ..." Since there are no notations abt the easement can I put up a fence or will I have to go to court to do it? Any help would be great!!! Thanks!!

Based SOLELY on the facts as you give them, you cannot put up a fence. That would be trespassing and overburdening the easement.