Legal Question in Real Estate Law in New York

Can a shared driveway in an original deed be changed?

Asked on 11/12/12, 12:41 pm

2 Answers from Attorneys

Paul Vaygen Law Offices of Paul A. Vaygen

Typically, a driveway shared by two private parties is an easement, although in some cases it may be a license or another type of interest. If it's shared by two private parties and both parties agree, then you can sign an agreement and record it to memorialize that the nature of the driveway has changed.

However, you also have to keep in mind that local laws may dictate the size of a lot and if a property has to have minimum driveway or parking requirements. In such cases, you may be limited as to what you can do with a shared driveway.

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Answered on 11/12/12, 1:16 pm
Walter LeVine Walter D. LeVine, Esq.

I concur with Paul's response.

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Answered on 11/12/12, 9:18 pm

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