Need advice on shared driveway being blocked

I'm sorry OP, I don't mean to hijack your thread, but I hafta make this clear.

The correct term for the 'driveway' between my house and my neighbors is an easement. The easement belongs to both of us equally, however, we can each only use some of it - the entire easement can only be used if it was under the same deed. If not, we can each use just a bit.

Legally, it is not a driveway. The neighbor was using it as such, and the neighboring house (our) was empty for a while, so he got used to it. Building out 3 feet would have been completely, 100%, legal. However, since he had already gotten used to it, we cut out 3 feet.

Bottom line, the area is shared, so we worked together to SHARE it.
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"Don't sweat the petty things, and don't pet the sweaty things!!" - Steven Tyler

OP here. I don't mind some hijacking, the convo. is quite interesting. The situation in my shared driveway is an easement as well, there is not way that they could build on any point of the easement, not even a few inches. The driveway where I live is quite narrow (the doors do not open completely) and if my new neighbor decided to stucco then I would fight them to the end, I was told by another neighbor that stucco takes up a lot of space, even 2 inches is more than I could tolerate, as it is it is very difficult to pull in and out. Anyway, today we pulled in and out of the driveway when we had to use it and each time they moved when we asked. I am not happy with this situation, but want to be reasonable. Looking around, it seems that people get permits for construction and then block off the house that has the construction and puts up NO PARKING signs in front of the house so noone can park, but without blocking a driveway, anyone know about this method? Maybe I could suggest it to the new owner.

There are many different easements for different reasons. 3 feet is not standard, also you can have an easement that runs through the middle of your property for utilities. Your deed should have a drawing showing your properties easements.

I rent an apt and I have a shared driveway too with my neighbor. We always ask before we block the other person it. Last year my neighbor blocked me in when she was doing construction but told the workers that there would be times that they would have to move the truck so that I could get out.

Forsure talk to you neighbor about blocking the driveway. Its not nice for them to block it.
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Boy 10, Boy 8, Girl 7, Boy 5, Boy 3, Boy 15 months

OP here. I wish I new more about how a parking permit might work so that I could suggest it. In the meantime, we are still being blocked in, plus the construction experience is very unpleasant, they put garbage on my side of the backyard, washed off their clothing and boots with my hose in my side of the backyard (really bothers me cuz they were removing asbestos illegally and who knows what else) and also the general terrible smell, it's pretty unpleasant and I think this will be going on for a number of months.

Silver Member Joined: Dec 13 2007 Posts: 743

I agree with the other people who responded. Your new neighbor and/or his contractor is acting improperly, illegally and rudely and you need to speak up in a polite but forceful way. The neighbor owns half the driveway (his side) and has an easement on the other (your) half. The easement just means that he has the legal right to drive onto your property (your side of the driveway) to reach his garage. It does not mean that he can park on your property, or use your hose or dump refuse there. He should be putting the construction vehicle in his garage while doing the work. If he can't do that, then he needs your permission before he can leave it in the driveway. You can reasonably refuse to allow this, or ask him to park behind you during the day, so that you have access to the street. The neighbor isn't going to know that this is bothering you (or he can choose to ignore that it is) unless you tell him so. The pattern you set now may be an indication of how he treats you or takes advantage of you in the future.