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Cons of Shared Driveways On the negative side, there can be some frustrations that come along with sharing a driveway. There may be some rules that you do not agree with concerning the driveway. For instance, you may not be able to repair your vehicle along the driveway, or you may have parking restrictions.
The most typical issue over shared driveways is where one neighbour interferes with the other's right of way to access their property. This could be due to poor parking, visitors or trades people blocking the way or other inconsiderate use. If you do find yourself in dispute, you should take prompt steps.
Shared driveways in New York are governed by statutory law, case/decisional law and local municipal zoning requirements. Section 335-a of the New York Real Property Law provides an easement of necessity for landlocked parcels without public access.
Homeowners can build a small wall or fence down the driveway to separate it if ownership is shared equally and the boundary line is in the middle. They just need to make sure the other home can still use it properly.
Ideally shared private drives will allow for 2-way traffic and be a minimum of 4.1 metres wide as set out in the Manual for Streets to allow a car to pass another car. A minimum of 5 metres width for the first 6 metres from the rear of the highway is required to accommodate vehicle tracking.