What are the legal issues of a shared driveway?
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What are the legal issues of a shared driveway?
Our property has a shared driveway with 4 other homes. Recently a tenant of the last home on the driveway has been driving an 8-ton tow truck, which has done significant damage to the driveway and requiring expensive repairs. Do the other homeowners have a right to stop him from driving the tow truck up the driveway to prevent the road from becoming damaged again?
Asked on March 7, 2012 under Real Estate Law, Oregon
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It depends on who owns the driveway. You need to look at the registry of deeds and all recorded documents to see if this is an easement owned by all four owners or their heirs and or even tenants or if it is city or town owned. Then you begin the process of determining if anyone (tenant, homeowner, city) is responsible for the damages. Do not approach anyone without this information. Better to be armed than not.
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