Results 1 to 2 of 2
  1. #1
    Join Date
    May 2009
    Posts
    1

    Default Shared Driveway Issue - Right of Way of Convenience

    Hello and thanks in advance for any responses.

    I live in Maryland in a development of about 50 homes, all of which are on cul de sacs. The parcels are divided like a slice of pizza. My property is a flag lot where both my neighbor and I owning a strip of land 25' EACH to the street. This development was designed this way in several areas so that each owner could own property to the street. In the other two areas, each property owner built their own driveway to their homes.

    The shared driveway is about 400 feet long with 90% on my land. My home was one of the first homes to be built in the development and the original owner built the driveway. My neighbor, to save himself alot of money just tied into the exiting driveway. This was done before I moved in.

    There are no easements or anything else on record for this driveway. When I went to the county land records a while back, I was told no records were on file and no easements were required because my neighbor doesnt need to use my land to get to the public roads, he uses it for convenience. That he owns a 25' wide strip of land specifically recorded and sold this way so the owner could build his own driveway.

    The smaller problem with the neighbor is that most of the upkeep (75%-25%) is on me. I am sure he feels different.
    The major issue is his childrent just got their licenses and race up and down the driveway. This is also true of their friends. I was almost sideswiped yesterday by a truck with a 17 year old driving. A mailbox was knocked over and other neighbors are complaining. My concern with this is that I have two young boys who ride their bikes on the driveway and afraid for their safety. I have called him many times and all he says is that he will talk to them. I told him I dont want them using the driveway and that they should walk to his house if they cannot drive respectfully. He said he would not do this.

    I told him that I am seriously considering rerouting the 10% of the driveway that is on his property onto mine and planting trees to line the driveway between our properties. He told me I cannot stop his ingress or egress to his property. I told him that I am not. That he could drive on his property (grass) to get to his home. I said there is nothing written anywhere that he needs to drive on asphalt.

    I asked what would happen if a child in the neighborhood is struck by a vehicle. He said it would be too bad, but there is nothing he could do.

    Thanks again for any feedback.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,568

    Default Re: Shared Driveway Issue - Right of Way of Convenience

    My neighbor, to save himself alot of money just tied into the exiting driveway. This was done before I moved in.
    Do you know how long ago this was done? That will be important.

    If it is less than the time required for a prescriptive easement in Maryland, you can get it surveyed and just fence him out, and that will solve your problem.

    He obviously cannot claim an easement by necessity as he has a 25' strip which he owns for access.

    1. Sponsored Links
       

Similar Threads

  1. Right of Way / Shared Driveway
    By jfl in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 07-13-2010, 03:39 PM
  2. Maintenance and Repair: Neighbor Won't Sign a Maintenance Agreement for a Shared Driveway
    By CallMeTres in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 06-20-2010, 07:58 PM
  3. Easement Use and Enforcement: Just Bought House with Shared Driveway, Neighbor Believes It is Not Shared
    By laurentron in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 10-01-2009, 11:42 AM
  4. Right of Way vs. Shared Driveway
    By atwitsend in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 09-28-2009, 12:44 PM
  5. Shared Driveway
    By inse in forum Personal Property
    Replies: 3
    Last Post: 06-23-2008, 09:23 AM
 
 
Sponsored Links

Legal Help, Information and Resources