What are my rights under ingrees and egrees when sharing a private driveway with2 other houses?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights under ingrees and egrees when sharing a private driveway with2 other houses?
My neighbor who owns the middle unit constantly parks his truck in the drive way partially blocking my exit. Since I don’t have any space to turn around my car I have to back out to the main street. We have hit their car twice. He says it is his property and has given us right a way and can use the ingress and egress at his discretion. Is that correct? Also, my insurance paid for damages the 1st time I hit their car but increased my premium substantially. The 2nd time, they were on vacation and allowed one of their friends park his car in our drive way for a few days. Do we have to pay?
Asked on October 20, 2011 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have an easement of record that benefits your property and burdens the property of your neighbor, you need to carefully read the reasement as to its scope and allowed use in that this presumed written and recorded document will control the way you resolve your dispute with your neighbor.
An easement is a non-possessory interest in real property that is owned and can be transferred by the sale of land. If you own an easement for ingress and egress purposes over your neighbor's property, he or she cannot impede your access. I recommend that you consult with a real estate attorney experienced with the construction and interpretation of easements to assist you with your situation and its resolution.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.