Shared Drive Way?

Question

I live in Northern Indiana. Together, my neighbor and I, share a driveway (an easement). We both have slabs in our back yards to park on with the driveway as an access point. For the past year they haven't used the slab, but insist on parking at the very end of the driveway, where I can't get in or out. I don't live on a very safe street and don't want to park out there. I've asked them nicely to pull all the way back or park on the curb but they don't listen. I've contacted the Police, they said that there's not much I can do. I've contacted Code Enforcement, they told me to contact the police. I've tried to get a copy of the title, but I don't own the house, I'm renting. They have a walkway between their side of the driveway and their house, I don't. Of course we don't see eye to eye, and they feel since they were there first, they have the most say so. What do I do now, without causing to much conflict? I don't want problems but I want this resolved. Please help! ~NW IN

I can't afford to move for one, and for two this is the only house in my city that I can afford to buy. I'm not going to move because my neighbor isn't being polite.

Also, the landlord told me that when she and her husband purchased the house, the easement was put into their name. Would I be able to find records on this? I know that this house was built in 1904.

Answer 1

If you are a renter, MAKE your landlord to solve this problem.
Of course, you can try another approach: if their car is blocking your way in, then it must be blocking your way out as well, right? Park your car on those slabs in the back, when their car is not there and, if they block your way out, call the towing company and have their car towed away.

Answer 2

You should be able to check your local land office (register of deeds) and look up the terms of any recorded easement on the property. Generally, shared drive or well agreements are recorded legally. The terms of the agreement should be there, just for looking.

Answer 3

Since you rent...contact your landlord. HE/SHE is the home owner and this is THEIR battle. You have a right to safe access to your house. Demand that something be done as it could be dangerous for you. The only other alternative would be to tell your landlord to allow you out of your lease because you need to feel safe coming to and from your home.