Shared Driveway
Below is a recent court case involving an unsuccessful title insurance claim arising out of litigation over use and ownership of a driveway; a situation your clients would certainly like to avoid if they are sharing a driveway with a neighbor here in New York. The team thought this would be a good case for you to have on hand as a quick reference guide in the event that you encounter a similar set of facts. This case highlights the importance of reviewing all Survey Exceptions raised in your Title Reports.
The Plaintiffs, whose property abutted two public streets, were litigating the ownership and use of a driveway with an adjoining owner. They sought covered under their title insurance policy for the possible lack of access to and from their property and sought to recover legal fees and expenses incurred and to be incurred in the litigation with the adjoining owner. The Appellate Division, Second Department, affirmed the dismissal of the action by the Supreme Court, Westchester County. The title insurance policy issued to the Plaintiffs excepted the encroachment of the driveway encroachment onto adjacent property, as shown on a survey, and the title insurer “demonstrated that the plaintiffs have a legal right of access to the property because it abuts a public street.”
Pierot v. Chicago Title Insurance Company, 2022 NY Slip Op 01057, decided February 16, 2022, is posted at https://www.nycourts.gov/reporter/3dseries/2022/2022_01057.htm
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