Common Double (Shared) Driveway Laws?

Question

Our neighbors and my parents are always fighting about the driveway in the winter, they don't like it that we use salt and sand to help us drive up the steep hill... But The neighbor parks his huge truck in the part of the driveway that is common and uses our side of the common drive to drive up? Does he have the right to do that? And do we have any rights to putting down sand and salt? We live in Southbury, CT -USA Not sure if laws are different elsewhere? My dad wants to eventually get the land surveyored and then build a fence on our land and make our driveway seperate until then we want to know our rights to the common shared driveway

Answer 1

I live in Canada. I assume Canadian law is similar to US law in this case.

You can use salt unless there is a bylaw against it or it damages your neighbour's property. For example, if runoff from the driveway goes into his garden, he could apply to the court for a restraining order to prevent you from using salt.

The neighbour does not have the right to drive on your parent's property unless their is an easement allowing him to do so. If their is an easement, it would show on the deed, and your parent's lawyer would have told them about it when they bought the house.

I like the idea of surveying the property and building a fence. If the survey they got when they bought the house has enough detail, they may not need a new survey. Their old survey should show the house and the property lines. They should be able to measure where the lot line is, or there may be an old survey stake (1" by 1" steel stake at ground level or slightly below the ground).

Answer 2

Shared Driveway Rights

Answer 3

A mutual driveway means you both have equal rights of use. If his big truck causes you problem using it then he will have to stop parking there. Most city bylaws prohibit parking a commercial truck anyway. He can do nothing about the salt and sand. You will have to get along or it will have to be decided by the county or city.I think if you had the room for your house to have a seperate driveway...you would have had it in the first place.
Now you now why having a mutual driveway is not the best thing in buying a house

Answer 4

thats awesome you guys are going to have it surveyed. Things like this cause caos in determining owners property rights. Your neighbor has been using YOUR land, without permission. Excessive and to the point to where it is driving you mad. LEGALLY if he has been parking on your property for so long, a judge could actually reward him with an easement to YOUR land. Anyways this is more than what you asked for, but thats good that you are handling this now.....He should have known better, and I guess a fence would be a great idea! That way you can all get back to good neighborly conduct

EDIT: The law I am refering to is called adverse possession. It vary's state to state, I am in CA so I do not know exactly how this pertains to you, along with the number of years. The law says that if you "use it" for X# of years, you have a right to it.

Answer 5

There may be an easement which permits common use of the two driveways by both parties. If that is true, a fence down the middle would not be permissible. Read your deed, title policy, and or extract. If this does not give you an answer, go to a attorney. Usually it is better to go along with the neighbor, than spend $10,000 for a lawsuit.