What type of driveway do I have, shared or private?
2 attorney answers
Dear Brooklyn Home Owner:
You may very well require a deep analysis of the deeds for the three properties; a survey of the corner and a land-use attorney to counsel you on the likelihood of success in a lawsuit you initiate to declare exclusive rights to the driveway you and your neighbor shared before the corner parcel was divided. If you could demonstrate that the limited use you describe "unload items" is a trespass, but as long as that activity does not deny you the chance to enter and leave your garage via the driveway, you may prove your point that you alone own the driveway but the Court may very well determine that the neighbor has the limited right to use the driveway as you described.
I have forty four years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
You would have to research the title to both properties to see if an easement was granted in the past. The fact that it is not in the current deeds does not mean it does not exist.