i live in massachusetts and have an easement on my deed that allows the neighbor to use half of our driveway. can i legally put a fence down the driveway? they would still have their half. i also according to my deed own 3/4 of the entire driveway. My neighbors have nothing on their deed pertaining to any right of way.
2007-02-11 00:50:16 · 6 answers · asked by jason w 1 in Business & Finance ➔ Renting & Real Estate
heard of that.......when your coming out and they drive up behind you to get a "free rear end"
move.......honest it is the only peace of mind you will get...
otherwise..you will end up "rear ending them and paying"
your in reverse and you will have to pay...they drive up behind you.
move..........or.......
on your side of the driveway..which is you take up bike riding///and set up a bike rack.... which ....kind of obstructs...
so a bike rack.....that you would get a profession sports store..and 2 nice bikes..that you chain up...
you won't be able to fence.........
until you get close to the house..and then..your asking..not a fence but to put up something like a garage or shed...to put your car in..
and i have seen where.....you end up in 50/50 on garages...
move.......honest...move..
especially if your in that situation where they are trying to get you to "rear end them"...
back into the driveway..etc..
2007-02-11 01:07:56 · answer #1 · answered by m2 5 · 0⤊ 0⤋
you can ask a lawyer, but I surveyed and you have to grant the neighbor right of way, just as he has to allow it to you.
The two of you share the public street,
so you know you can share the drive way.
If there is a problem, then you must address the problem
not seek a solution by creating yet another problem.
Good fences make good neighbors,
but this would be a bad fence,
and it would leave you open for a civil lawsuit
that would cost you damages.
The one drive should lead to two parking areas,
one on either side of the property line.
Both neigbhors are obliged to keep the driveway free.
My daughter's property has a shared driveway.
The neighbor didn't like having it,
installed yet another beside the common one,
but both are still there, and are used, as is the law.
Finally, you bought your property with knowledge of this,
or you should have known, so now be a man and live up to it.
If you have issues, they are probably not about the drive,
but about getting along with your neigbhor in other ways.
Solve those and leave the driveway out of it.
2007-02-11 01:04:29 · answer #2 · answered by dj_of_raleigh 2 · 0⤊ 0⤋
Depends exactly what the easement agreement says. Do they share the entire driveway or just half of it? This seems to conflict with your 3/4 ownership claim. If you put a fence down the driveway can they still use it? Do they a 1/2 of their own besides the 1/2 of yours they use? Check zoning laws for fences too once you decide if it is legal or not.
2007-02-11 01:00:41 · answer #3 · answered by nemesis_318 2 · 0⤊ 0⤋
If they have an easement allowing them to use part of your driveway, then wouldn't putting up a fence prevent them from doing so? sounds like you are going to stir up trouble--do you really want to get sued so much?
2007-02-11 13:44:12 · answer #4 · answered by njyogibear 7 · 0⤊ 0⤋
No, the easement allows them to use the full width of the driveway for access to their property. They automatically have access to their 1/4 of the width. The easement grants them the right to use your 3/4. If you put up a fence you will be in violation of the easement and your neighbor can proceed against you and will certainly win.
Their deed would not have anything on it, since it does not affect their property.
2007-02-11 01:21:52 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 1⤋
You & your neighbor not getting along huh? Check with a real estate attourney. If your neighbor doesn't have deeded easement, you don't have to let him use it
2007-02-11 00:58:30 · answer #6 · answered by boatworker 4 · 0⤊ 1⤋
How can I find out if there is an easement
2016-04-15 10:48:16 · answer #7 · answered by Cheryl 1 · 0⤊ 0⤋