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  1. #1
    Join Date
    Aug 2007
    Location
    Hawaii
    Posts
    2

    Angry Parking on a Shared Driveway

    Aloha,
    Looking for some rational direction here in Hawaii…
    We had to file a restraining order on our NASTY neighbor. They are not to enter our property or harass us.

    We share a driveway with this neighbor and have a question. The way our lots were designed (CPR, 4 lots); their lot extends back about 10 feet or so farther than ours. On our shared driveway and on this “extra space” they park their Rotor Rooter truck. It is occupying about 2-4 feet of the shared driveway which is within “our” marked property line down the center of the driveway. When the truck is parked there it encroaches into our marked property line on the driveway. We do not have access to that portion of our property thus not “shared”. What if I parked in that space? We know, not fair to them right? This may seem petty however; it is more difficult to enter and exit our carport with limited space issues. We are sick and tired of being harassed. Any thoughts?
    I can't seem to attach the property line pictures.

    MAHALO!
    Greg Hungerford
    doctorforgolf@yahoo.com

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Parking on a Shared Driveway

    what document created the shared driveway? Do each of you have an easement on the others property for ingress and egress?

  3. #3
    Join Date
    Aug 2007
    Location
    Hawaii
    Posts
    2

    Default Re: Parking on a Shared Driveway

    Quote Quoting jk
    View Post
    what document created the shared driveway? Do each of you have an easement on the others property for ingress and egress?
    jk, Mahalo for your reply…
    The document is from the State of Hawaii Bureau of Conveyances (Apartment Deed). When the lot was divided into 4, property lines were drawn subdividing the lot. We have Tax Map verification of this. We also have surveys showing the property lines. We also have CPR (condominium property regime) documents. Yes we have an easement. Document states in part, “Nonexclusive easement over under and across the common and limited common elements designed for such purpose for ingress, egress utility services”, an undivided twenty-five % interest in all common elements of the Project and land on which said Project is located”.

    We also have a HOA that is very weak with only 4 homes. I might have a chance with the HOA, but am exploring my rights under our restraining order first.

    I have documents of the surveys and can email them if that helps.
    Mahalo

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Parking on a Shared Driveway

    if the driveway is included in that easement you quoted, nobody is supposed to be parking on the easement at all. period.

    it states it is for ingress and egress, not parking. You can sue for the neighbor overburdoning the easement and hopefully a judge will grant an injunction directing the neighbor to refrain from parking there. If the neighbor ignores the order, you would need to file to request the judge find the guy in contempt and (hopefully) fine him or take other action to enforce the order.


    as I read your post, you also cannot park on the easement and you cannot get a legit restarining order to prevent the neighbor from fully using the easement.

    Each of you have full use and access of the total area of the easement and cannot prevent another from using it.

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