What are my rights under ingrees and egrees when sharing a private driveway with2 other houses?

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What are my rights under ingrees and egrees when sharing a private driveway with2 other houses?

My neighbor who owns the middle unit constantly parks his truck in the drive way partially blocking my exit. Since I don’t have any space to turn around my car I have to back out to the main street. We have hit their car twice. He says it is his property and has given us right a way and can use the ingress and egress at his discretion. Is that correct? Also, my insurance paid for damages the 1st time I hit their car but increased my premium substantially. The 2nd time, they were on vacation and allowed one of their friends park his car in our drive way for a few days. Do we have to pay?

Asked on October 20, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have an easement of record that benefits your property and burdens the property of your neighbor, you need to carefully read the reasement as to its scope and allowed use in that this presumed written and recorded document will control the way you resolve your dispute with your neighbor.

An easement is a non-possessory interest in real property that is owned and can be transferred by the sale of land. If you own an easement for ingress and egress purposes over your neighbor's property, he or she cannot impede your access. I recommend that you consult with a real estate attorney experienced with the construction and interpretation of easements to assist you with your situation and its resolution.

Good luck.


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