Q: Can you legally pass over a privately owned driveway owned by 3 different people if 2 of them give you permission?
There is an irrigation canal behind our subdivision with a road alongside it that we often use to walk our dog. Sometimes we need to get home faster from the walk, so we asked a homeowner whose driveway connects up with the canal road if we can use his driveway to cut through occasionally and get back to the street we live on. He is one of three homeowners who share this driveway, and he owns the two lots that are on one side of it. He gave us permission to walk on his driveway. The other side of the driveway is owned by two different homeowners. One of them also gave us permission to use their driveway to walk back to the street, but the third homeowner has a fit when we do that and threatens us. Is the permission of the two other landowners enough to let us legally cross over this driveway to get back to our street?
A: The question comes down to who owns the property and who merely has certain rights to use it. Most of the time, though not always, one party is the owner and the other two have easements allowing them to use the owner's road or driveway. I suggest you find out from a title company or a trip to the Clerk and Recorders Office. You can get a copy of any easements and read them. An easement gives them the right to use and maintain the drive, but it may not give them the power to prevent your use. Good luck!
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