How to End a Neighbor's Use of a Shared Driveway
My question involves real estate located in the State of: New York.
Our neighbors access their property by using our driveway and cutting across our property. Historically all the neighbors were related so things were pretty loose. As such there is no deeded easement/official right of way/maintenance agreement. Title search corroborated this. We bought our house recently and increasingly do not like the shared driveway concept (we have young kids who play on driveway). From what I have researched it seems we are liable for any accidents that may occur if they have any sort of accident on our driveway. We pay for the snow plowing.
Historically our neighbors property abutted the public road, but when their parents passed away they split the land. One heir got vacant land which abuts the public road and the other heir received the house which became landlocked upon the property split. In other words, that family landlocked themselves. How this was allowed is beyond me but it happened back in the 70s.
From research it seems they don't have a case for prescriptive easement since they have always had permission to use our driveway. Nothing was ever written down but we gave them a verbal okay when we bought the house. Nothing open and hostile plus we all use the driveway - it's not just for them. It also seems their parents created an easement by necessity when the land was divided upon their death. Our neighbors could run a driveway across their sibling's land to connect to the public road. They never did this because it was easier to just use the driveway that goes over our land and it didn't require a cash outlay!
Does my conclusion seem reasonable? Could we say sorry we are not related and don't want to continue allowing you to use our driveway. Further, point out that they have the right to put a driveway across their sibling's property due to an easement by necessity. I don't think they could even sell their house since a title search will not yield any "official" access to the public road.
Thank you for any thoughts on this...
Re: Ending Neighbor's Use of Shared Driveway
Was your land also owned by the same family? If so, you may have a problem.
Re: Ending Neighbor's Use of Shared Driveway
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From what I have researched it seems we are liable for any accidents that may occur if they have any sort of accident on our driveway.
Already your research is flawed. You're not automatically liable just because an accident happens. A person seeking damages would have to prove you were negligent.
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From research it seems they don't have a case for prescriptive easement since they have always had permission to use our driveway. Nothing was ever written down but we gave them a verbal okay when we bought the house. Nothing open and hostile plus we all use the driveway - it's not just for them. It also seems their parents created an easement by necessity when the land was divided upon their death. Our neighbors could run a driveway across their sibling's land to connect to the public road. They never did this because it was easier to just use the driveway that goes over our land and it didn't require a cash outlay!
Does my conclusion seem reasonable?
Only if your "research" came from a real estate attorney who knows easement law, and not from a variety of potentially inaccurate internet sources.
I suggest you hire a real estate attorney to advise you before you make a decision that could get you sued.
Re: Ending Neighbor's Use of Shared Driveway
Originally it was all owned by one person back in the 1800s. In the early 1900s he divided his land and gave plots to his children.
Re: How to End a Neighbor's Use of a Shared Driveway
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Quoting
Winger
Does my conclusion seem reasonable? Could we say sorry we are not related and don't want to continue allowing you to use our driveway. Further, point out that they have the right to put a driveway across their sibling's property due to an easement by necessity. I don't think they could even sell their house since a title search will not yield any "official" access to the public road.
Thank you for any thoughts on this...
An easement by necessity is not something that a grantor grants. It is a grant from the court that unlocks property based on the common ownership of the property before it was subdivided and the intent of the grantor, absent an explicit grant for ingress/egress. If an easement was granted when the property was divided and bequeathed, it would be a granted easement by the grantor (likely the estate of the deceased) . That will not change whether they use the easement or not. Is that easement articulated on subsequent deeds of the neighbor's property?
Now if there is a granted easement that unlocks the property, there could be no easement by necessity or by implication granted by a court across your land because there must be no alternative for ingress/egress to the landlocked property. In this case you say that there is an easement to the public road.
Can you say that they can no longer your driveway? Sure you can. Will it hold up in a court challenge, that's just a guess and the outcome will be based on the full facts of the case should it go to court.
I will say that you can't just shut off access one day. You will need to notify the "would be dominant estates" of your intentions and allow them time to respond.
I suggest that you consult an attorney and have them carry this forward if that is the direction you want to go.
Re: How to End a Neighbor's Use of a Shared Driveway
This is where it is very strange. I went to the land office and there was no mention of any sort of ROW or easement on either of the neighboring siblings' properties. There is definitely nothing tied to my property giving them an easement or ROW. So as I see it they are technically landlocked but day to day it is not an issue because the former owner (and me to date) gave them permission to cross our property/driveway to access their home.
I am meeting with a RE lawyer soon, but am trying to learn as much as I can beforehand. Thanks...
Re: How to End a Neighbor's Use of a Shared Driveway
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Quoting
Winger
This is where it is very strange. I went to the land office and there was no mention of any sort of ROW or easement on either of the neighboring siblings' properties. There is definitely nothing tied to my property giving them an easement or ROW. So as I see it they are technically landlocked but day to day it is not an issue because the former owner (and me to date) gave them permission to cross our property/driveway to access their home.
I am meeting with a RE lawyer soon, but am trying to learn as much as I can beforehand. Thanks...
What you really need is to view the original deeds at the time the property was originally divided (back around 1900 you said?).