Neighbor Parking on Shared Driveway
My question involves an easement in the state of: MD
My neighbor is parking their cars on a shared driveway which runs across my property. While this does not impact me at present, I am thinking of adding an additional parking area to my property which would require my neighbor to stop parking on the driveway so I can get the cars in an out to the new (proposed) parking area. The neighbor's house is at the end of the driveway so they are not blocking anyone else from getting to their property.
My neighbor has been living in his house for longer than me and when I moved in he said that the previous owner of my property "always allowed him to park there".
I have a good relationship with my neighbor so I'd like to keep it that way but I'd like to know what my rights are regarding being able to access my own property. Can I ask my neighbor to stop parking there because I want to have access to my (yet to be built) parking area? Does my neighbor have any rights to park there?
To give you some background, the shared driveway is used by 6 different homes. The driveway crosses 3 of these properties (including mine). So my neighbor has to cross two properties to get to his property. I have to cross one other property to get to mine. There is no legal agreement in place between any of the 6 neighbors as to the use/access of the driveway.
Re: Neighbor Parking on Shared Driveway
There most likely exists an ingress egress easement that the owners, yourself included, use to access their properties. It most likely does not include parking. Therefore, you have the right to ask him or request him or order him to move anytime you please, no reasons necessary. It's simply your property. As he stated that the previous owner "always allowed him to park there", his use of it was by permission, in other words, he didn't accrue any rights to it. So, again, you can have him move. But you want to stay friendly with him, that's the hard part. Maybe offer him his own special parking space in your new parking area?
Stephen Calder
Land Surveyor, not a Lawyer
Re: Neighbor Parking on Shared Driveway
When I purchased the property, the lawyers researched the title and found no easements or anything on the title granting ingress/egress to the property. So I was aware that the ingress/egress situation was vague at the time of purchase, and that there was a risk that the neighbor (or subsequent owner) that controls the access point to the driveway could decide to deny everyone else access to the driveway. I don't think this will happen but I was aware of this at time of purchase of the property.
So given that there's no easement in place, how does this impact my property access rights?
Re: Neighbor Parking on Shared Driveway
I'm not familiar at all with the laws of Maryland, but I will answer from a general land surveying knowledge point of view.
You probably have an easement for access to your property and your rights in said easement are probably secure. You probably have an easement by implication, by necessity, or by prescription. Prescription requires you to use the driveway somewhat continuously for a statutory period of time, usually 10 years, but again, I don't know what the period of time for Marlyand is. If the driveway was in place when you bought the property, then you might have an easement by implication. If not, then you might have one by necessity. Both types are based on the principle that when buying a property, that which is necessary to have said property be viable is presumed to be included with said property. In other words, in most states in the US it is difficult if not impossible to land lock yourself, at least for very long. So, again, I say, that by one way or the other, you most highly likely have an easement for access, regardless of whether it is on file or not.
But whereas ingress - egress easements are very common, they commonly exclude parking on them. So, it is highly unlikely, (almost a certainty) that neighbor does not have a right to park on your land. He just (most highly likely) has a right to come and go, just like you.
Stephen