use of driveway

This is a discussion on use of driveway within the Neighbor Law forum, part of the Other Real Estate Law Matters category; I'm asking this question for my friend. His driveway is bound on one side by the neighbour's house. It's the ...

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Old Sep 19th, 2008, 11:29 PM   #1
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Default use of driveway

I'm asking this question for my friend. His driveway is bound on one side by the neighbour's house. It's the typical narrow (about 10' wide) driveway which one property owner needs for parking, access, and runs to the back yard or a garage at the back. The official property line of the neighbour extends into the driveway about 2'6" from the neighbour's house wall. On the site survey plan this 2'-6" wide x 70' long zone is identified as a "right-of-way", and extends from the street to the end of the driveway.

The neighbour does not use that part of driveway and does not require it for access.

The neighbour has had a lawyer send a letter suggesting that the right-of-way belongs to the neighbour and therefore my friend cannot "use" it.

What restrictions bind the use of the driveway by my friend, and also what can the neighbour demand of my friend. Can the neighbour prohibit parking of his car infringing on the right-of way, in which case the car would not fit in the remaining restrictive width?
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