Do we have legal use of our driveway? 2 Answers as of August 03, 2011

When we purchased our home in 2008 there was a shared driveway running through our property to the house in the back. We recently found out that the property next to ours on the other side of the driveway is owned by the people in the back and was retained when the front property was sold to allow them access to build their own driveway to their home. Question is do we need to still allow them to us our driveway when they are not really landlocked behind us?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
It depends on whether there is an easement. You need a detailed consultation of your title and the other landowner's title.
Answer Applies to: New York
Replied: 8/3/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
If they have an easement then yes. If they don't have an easement then probably not. Check your closing documents, your survey and your title issuance for evidence of an easement. To be certain, you may have to order a title search.
Answer Applies to: New York
Replied: 8/3/2011
Click to View More Answers: