Id a shared driveway crosses my property is it mine, theirs, or ours?

UPDATED: Aug 10, 2012

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Id a shared driveway crosses my property is it mine, theirs, or ours?

We have a shared driveway with our neighbor to access a street. Both of our houses have aresses on that street. On the county maps, plat maps which show streets, lots, boundaries, etc, there is no reference to this shared driveway. Do we have to allow them use of it?

Asked on August 10, 2012 under Real Estate Law, Oregon


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Please speak with an attorney about the matter and bring your documents.  If the house would otherwise have no access to the road then it could have one of the many types of easements allowed under the law (implied probably but maybe even one allowed in the deed).  Good luck.

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