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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.
'An easement by prescription can be acquired only by an adverse user for ten years. Such use must be open, notorious, exclusive and adverse. ' Stubblefield v. Osborn, 149 Neb.
Who should maintain a shared driveway? It's largely expected that both homeowners will do their bit to help maintain the conditions of a shared driveway. However, it is worth noting that neither homeowner has a right to store anything in the area, such as bins.
A landlocked property is granted an easement by necessity. Property owners can grant an easement in necessity if their land or property is entirely inaccessible and can only be reached through the land or property of a neighbor.
Vehicles approaching or entering intersection at same time; right-of-way; entering a highway or roadway. (1) When two vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
Public Easements allow the residents of an area to use a limited section of a person's property such as right-of-way access to public roadways that would be otherwise inaccessible. Property or homeowners may not obstruct the public's fair access to non-privately owned areas under the terms of a public easement.
'An easement by prescription can be acquired only by an adverse user for ten years. Such use must be open, notorious, exclusive and adverse. ' Stubblefield v. Osborn, 149 Neb.