Legal accord may govern driveway


July 03, 2005

Q. I share a driveway, which is not working out very well. I would like to divide the drive by [installing parking-space barriers] ... on my side. ... Do I have to inform anyone first, and is it legal?

A. Your rights may depend on whether the driveway-sharing arrangement is formalized by a written easement or maintenance agreement.

Often, the owners of properties that share a common driveway record an agreement in the land records. The agreement spells out the right of each property to use the driveway and may require the owners to share the cost of repairs and snow removal. These recorded agreements are binding on all future owners of the affected properties.

Q. I have a swimming pool on my property. Over the past several years large tree branches from an adjoining property have grown over the property line and pool. Droppings from the trees foul the pool and have caused damage to the cover. I have asked the property owner several times over the past two years to cut the trees back to the property line, but they have not complied. What are my options?

A. You have the right to trim or cut the branches from a neighbor's tree which overhang your property. You should not cut or trim any part of the tree that is on the adjoining land.

Baltimore Sun Articles
Please note the green-lined linked article text has been applied commercially without any involvement from our newsroom editors, reporters or any other editorial staff.