Shared Driveway

[Daniel Brothers]

Jurisdiction

New York

My family has a property that has a backyard and a driveway. Our neighbors next door do not have a driveway, yet appears that they have a space for a backyard and what appears to be an area that could be assumed to be a parking space. Years ago, when our elder family members purchased this property, I always remember there was a gate that separated the two properties, and no prior neighbors ever had access to and or through our property to access theirs, and it has never been a concern. Now after many years, and after at least two previous owners that I can recall, the neighbor wishes to state that they have a deed, which states; that their property is a shared driveway and begins to also point out that our property has violations by having the gate partitioned from her access and claims that her deed clearly states that we have a shared driveway. There is no egress that faces the driveway and yet the neighbors feel that this is a shared driveway and use it without notice or permission. How do I begin to sort this out to prove or disprove their statement?

 

[Zigner]

I imagine you'd need to see the deed that defines the "shared driveway".

 

[zddoodah]

the neighbor wishes to state that they have a deed

The neighbor "wishes to state"? And are you using "they" to refer to "the neighbor"? I assume what you really meant is that the neighbor is claiming that he or she has this deed. Right? Have you seen the deed?

which states; that their property is a shared driveway and begins to also point out that our property has violations by having the gate partitioned from her access and claims that her deed clearly states that we have a shared driveway.

This is a bit ambiguous, but it doesn't really matter what anyone says a particular document say. What matters is what the document does say. What does it say?

How do I begin to sort this out to prove or disprove their statement?

Look at your deed. Look at your neighbor's deed. Look at the policy of title insurance and title report that you hopefully obtained when you bought the property. The title report should indicate any encumbrances on the property.

 

[adjusterjack]

How do I begin to sort this out to prove or disprove their statement?

You don't have to.

You say to your neighbor "Show me that deed of which you speak."