Legal Question in Construction Law in New York
Shared driveway
My neighbor wants to build an extension to his home, but we share a driveway and he wants to build this extension all the way down to his limits. My question is, is there a law which would prevent him from oing so since we share the driveway and if he did that it would be impossible to get my cars in and out of the driveway. How many feet does he have to leave?
2 Answers from Attorneys
Re: Shared driveway
He cannot build on a driveway where you have a right of way, or where there is a municipal
sidewalk, but can build out to his own property line. Your question is unclear.
Re: Shared driveway
The answer depends on how this "shared driveway" is documented. If there is a properly-recorded easement or covenant that creates the sharing, then the neighbor cannot (without your consent) impair the driveway so as to prevent your use of it. If the driveway is on his property and you do not have an easement to use the driveway, you will have a much harder time.
The answer to your question is very fact-dependent, and your question does not contain the essential facts needed to provide a concrete answer.
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