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Questions about Driveway Laws by Meghan Jones





Article Author Biography
Questions about Driveway Laws by
Article Posted: 03/21/2013
Article Views: 96
Articles Written: 575
Word Count: 750
Article Votes: 0
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Questions about Driveway Laws


 
Law
Many people seem to wonder what driveway laws are. These questions may especially arise if two or more people share a driveway or have a neighbor who may be blocking the driveway always. According to the Highway Code, driveway rules determine who may and may not park their vehicles on the driveways. Answered below are some of the important questions about shared driveways:

Are there any laws in the state of Pennsylvania that look into the matters of shared driveways between two houses?
There may be no set law that deals with shared driveways in the state of Pennsylvania. In such a case, a private property easement agreement will determine the rights of all the owners. The owner of the property will also have to create a written easement agreement that will help to determine the rights and responsibilities of all the owners who want to share the driveway. Each of the parties involved will be allowed to use the driveway fairly in the absence of such an agreement. Sometimes, such situations can lead to legal issues that need to be resolved in court because some people may not follow rules and regulations that are not given in the form of an agreement.

A person in Michigan has used a driveway for 18 years. His/her neighbor states that the driveway is on his/her property. What laws will apply to such a situation?
In such a situation, the person may have to claim the ownership of the property on which the driveway is situated. He/she may have to get a title of the real estate to establish ownership over the driveway. However, he/she should first meet certain criteria. These are actual possession of the driveway, open use of the driveway, use the driveway fairly and completely and continuous use of the driveway. The legal time required to establish ownership over the driveway would be 5 years in the state of Michigan if the person who is claiming ownership has the title by the court. It would be 10 years if the claimant has the title of the property by a tax deed and it would take 15 years to establish ownership under any other situation.

What legal action can a person take if his/her neighbor’s tree has fallen down in his/her driveway and damaged a back wall?
If the tree has fallen into his/her property, the individual may have a legal right to cut the tree that has fallen into his/her property. Also, he/she may ask the neighbor to pay for any damages that were caused due to the fall. However, the final outcome of the situation will be dependent on the state in which the person resides and the laws of that state.

A person and his/her neighbor were sharing a driveway for 15 years. However, the neighbor is now asking the individual to tear up their part of the driveway and pay to use the other half. Will this be considered legal in the state of Connecticut?
As per the laws of Connecticut, a person will be allowed to create an easement on the driveway if he/she has been using it for 15 years. Such an act can allow the person to legally prevent the neighbor from stopping him/her to use the driveway. It will also stop the neighbor from removing the driveway to make it unusable. The person may not have to pay to use the driveway.

What can a person do to legally stop a neighbor and his/her guest from turning around in his/her driveway in the state of Pennsylvania?
The person who owns the driveway may give a legal notice to the neighbor and his/her guest asking him/her to stop trespassing on his/her driveway. If the neighbor and his/her guests continue to trespass after getting the notice, he/she can get them arrested for trespassing. The owner of the driveway can also take civil action against the neighbor and his/her guest if there are any damages caused when they were trespassing.

Driveway laws can be different from state to state in the US and this can cause a lot of confusion to people. It may not be easy always for people to understand these laws. If you are faced with a situation regarding your driveway, it is important for you to be aware of the driveway laws in your region. You may ask a lawyer if you have any questions regarding driveway laws.

Related Articles - shared driveway laws, driveway regulations, driveway laws, driveway problems, blocking driveway law, driveway parking regulations, driveway rules, dri,

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