Legal Question in Real Estate Law in New York

Shared access to two car garage

My grandmother has lived in the same house for fifty years. The property has a driveway that the adjacent property and my grandmother's have shared since that time and before. Each property uses the driveway to access a two car garage located in the back. Just recently the property located immediately next door (properties are row) told my grandmother that she no longer had use of the driveway and that there was a "license" in the deed that could restrict useage to the driveway. Is there a flaw here? We have used the driveway for fifty years and were under the impression that access was shared for the reason I have already listed (i.e. to get to the two car garage). Because of this long period of time and the belief that useage was shared, is there anything that I can do to gain access to the garage again. There is no room for another driveway to be put in and no other access exists.


Asked on 2/13/00, 7:48 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Shared access to two car garage

The continued use for over 50 years may have created a legal right to continued use of the driveway, despite any original Deed restricions. In many states there are laws that create real property rights by "adverse possession". This means open and notorious use of someone else's property (the common driveway). This may require litigation to pursue your claim.

Also, you did not say if your grandmother uses and is entitled to use the 2-car garage. Whose garage is it? Next door neighbors, or shared with your grandmother? If shared, your grandmother may have an equitable claim to use the driveway, since she needs the access to the garage.

What are the off-street parking regulations for the house? If there are limits as to when people are allowed to park on the street, this may further enhance the equitable use claim.

I suggest your grandmother get a local attorney familiar with real estate law - particularly easements and adverse possession - to assist her.

Walter

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Answered on 3/09/00, 9:45 am


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