Home Buying in Newton>Question Details

whitlockd, Home Seller in Lexington, KY

I share a driveway with my neighbor can they stop a perspective buyer of my property from using it?

Asked by whitlockd, Lexington, KY Fri Jun 20, 2014

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I see that you are in Lexington, KY. So the answer will depend on a couple things.

First of all ... I always recommend having a good relationship with your neighbors so that you at least have some idea of the "intentions" of your neighbors. Just a good idea in any community.

That said, the legality of a neighbor stopping the new owner from using the driveway depends on how it is shared and potentially how your State would interpret these situations.

Is the driveway truly deeded as a 1/2 and 1/2 split? Does one of you own it and the other have an easement? Does one of you own and been simply allowing the other use?

Ultimately, it boils down to how it is deeded. If you own the property or have a deeded easement on the property, then your neighbor can NOT deny the next deeded owner the same access. All the other arrangements may depend on how your laws treat such arrangements and you'd probably need a lawyer to clarify it for you.
0 votes Thank Flag Link Fri Sep 5, 2014
If it is a shared driveway you should have the right to allow guests to use it, but its hard to read this situation without more info. Did a buyer's vehicle block access for your neighbor?
0 votes Thank Flag Link Mon Jun 23, 2014
Probably not, but you should be consulting an attorney that handles Real Estate. I would also advise speaking to your neighbor if you do have an issue. Sometimes a simple misunderstanding can turn into a problem if you only are working off of assumptions.
0 votes Thank Flag Link Mon Jun 23, 2014
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