Attorneys, just need some validation: my parents’ neighbor is selling their house. They’ve had a shared driveway (one driveway between the two houses) and the buyer wants to build a fence there between the 2 properties so that it can’t be used as a driveway anymore. I don’t have real estate experience in NYC but this seems like a common sense answer that unless they have written agreement, they can’t do that. Am I missing anything? They even got the city to survey their lot

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Sounds like a necessary easement

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My thoughts exactly but it’s NYC so I wouldn’t be surprised if there was some bs about letting that happen. And they want to create a private driveway on the other side of the house for a single car so they get the luxury of privacy and a parking spot while my parents wouldn’t get anything. These ppl…

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How long has the driveway been there? You should talk to a residential real estate attorney but there may be an inherent easement here. Do your parents otherwise have car access to their property? And does the driveway sit partially on your parents lot?

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Looks like it’s on my parents lot!

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If it’s in NYC, I’d look at it on OASIS, not a legal document, but should roughly show your lot lines. Can also reference the tax map that is available through OASIS

We want to hear how the conversation goes with the neighbors now 😂

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