Q: Can I put up an unlocked chain across a driveway shared by two homes.
The plastic chain is supported by two metal posts on either side of the driveway. We live on a small one way mountain road and don't like vehicles that pass by using our driveway as a turnout or turnaround. Our neighbor doesn't like it and says it's an unnecessary barricade.
Thank you
A:
In California, the legality of placing a chain across a shared driveway depends on several factors, including any existing easements, the specific agreement between the property owners, and local ordinances.
1. Easements: If there is an easement agreement in place that grants both property owners the right to use the driveway, blocking access with a chain could be considered a violation of the easement rights.
2. Property owner agreement: If there is no formal easement, the property owners sharing the driveway should come to a mutual agreement about the use and maintenance of the driveway. If one owner objects to the chain, it may not be legal to install it without their consent.
3. Local ordinances: Some cities or counties may have specific laws or regulations regarding the obstruction of shared driveways. It's essential to check with your local government to ensure compliance with any applicable ordinances.
In your situation, it's best to have an open discussion with your neighbor to find a mutually agreeable solution. If you cannot reach an agreement, consider consulting with a local real estate attorney to understand your rights and options based on the specific circumstances of your property and any existing agreements.
Alternatively, you could explore other options to deter unwanted vehicles from using your driveway, such as posting signs indicating that the driveway is private property or installing a more easily removable barrier that both you and your neighbor can agree upon.
A:
Thank you for asking the question!
1. Since the driveway is shared, its maintenance belongs to both of the property owners. Your neighbor's consent is required for such changes.
2. Even when there is a mutual agreement, a real estate attorney needs to examine your deed and locates boundaries and easements on your property.
3. You need to check local ordinances to see if such an act is allowed. Even installation of a simple sign needs to be checked and comply with these laws.
This is merely discussion of CA general laws and not a legal advice. For a comprehensive advise, more specific facts and investigation are needed. I recommend you consult with an attorney in more detail.
Please let me know if you need further assistance.
Wish you luck.
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