Legal Question in Real Estate Law in Maryland

blocking a driveway

Is is legal for a fairly new home owner to block a shared driveway, which had been in use for over 50 years? The driveway is the only access to 2 other houses, blocking it would deny access to both houses as well as prevent emergency vechiles access. There is another driveway, but it has partly caved in when the county dug a ditch along side it, the county has not yet corrected the problem after many years of request. The persons blocking the driveway are selling their property, which previously belonged to the family who ownes the other 2 houses. We think it is our of spite when we refused to pay 1/2 to pave the driveway, because it's not neccessary. Do we have right of way to the shared driveway after over 50 years of shared use?


Asked on 11/28/05, 8:07 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: blocking a driveway

You may in fact have a right to utilize the driveway by way of what's called an easement of necessity, but now that you've foolishly refused to pay for your reasonable share of the cost of repaving it, you may now be faced with the even higher costs of litigating the matter in your local circuit court in order to resolve it either in your favor---or not.

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Answered on 11/28/05, 8:21 pm
Sundeep Hora Alderman, Devorsetz & Hora PLLC

Re: blocking a driveway

Your right to use the shared driveway is called an easement. Whether this easement is valid depends on several factors including what, if any, covenants are contained in contracts for sale, whether blocking it will completely deny access, and what if anything you and others have done to maintain the driveway. If paving the driveway was required maintenance, and there is other means of access, it may affect (but not necessarily destroy) your ability to keep this driveway open.

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Answered on 11/29/05, 11:10 am


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