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I can't upload my image, so I will do my best to explain the visual. I also apologize if this sort of question is not to meant to be asked on this branch of Stack Exchange.

I, along with the other vehicles we own, park in our driveway, of course. My wife parks in the garage, which the driveway leads up to.

In the middle of our driveway, the sidewalk runs perpendicular through it. My truck cannot fit on either half.

This morning, after years of living here, and not far from a deputy, I received a parking violation for "parking on the sidewalk". My tires were not on it, but I was blocking it because that is where our driveway is.

Should I fight this ticket? I literally have nowhere else to park my vehicles. I don't have enough curb near my house to park all 3 vehicles.

Is there anything I can do to my driveway to allow me to actually use it?

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    I don't know where you live, but in many places the area from the street to the sidewalk is a public easement. Trying to fight the ticket is a losing battle. Further, these things often only get enforced when a neighbor calls it in. It's probably time to find a new place to park.
    – Pat W. ♦
    Jun 9, 2016 at 14:12
  • I don't understand why there is a sidewalk running across what you describe as 'your' driveway. Please let me know if I have misunderstood your situation or your question in my answer.
    – Patrick Conheady
    Jun 9, 2016 at 23:45
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    @PatrickConheady, here is a picture of what I assume the OP is talking about.
    – mikeazo
    Jun 10, 2016 at 0:43
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    @mikeazo, I made the same assumption. In Australia, the sidewalk and nature strip are public land (part of the road reserve), not just an easement on private land.
    – Patrick Conheady
    Jun 10, 2016 at 11:24
  • Where does the survey of your property say the line between your property and the road allowance lies?
    – DJohnM
    Jun 11, 2016 at 7:03

4 Answers 4

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I'm assuming you are talking about something like this

sidewalk crossing driveway

You didn't specify where you live, but in many places it is illegal to block the sidewalk with a car. I just looked up my local ordinances and it is there. In fact, it is your driveway, but often the land up to and including the sidewalk is considered part of a public easement. Typically you are required by law to maintain any grass in the easement, but if the sidewalk were to fall into disrepair, the local government would fix it. Information on easements can also be found in your local ordinances, here is an example in my area.

Should I fight this ticket?

You can try, but I doubt you will win.

Is there anything I can do to my driveway to allow me to actually use it?

I would suggest asking on Lifehacks. And post a link here to your question if you do, I'd be curious to know what they come up with.

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    @NumairAidroos Often zoning laws or HOA covenants limit the number of vehicles that can be stored on a property, limit the amount of square footage that can be used for garage or driveway or parking areas, or require that vehicles be garaged.
    – ohwilleke
    Jul 27, 2018 at 19:50
  • @ohwilleke Interesting, so a garage equates to losing the built up area. Is there a maximum area we have to leave as unoccupied while constructing?
    – Lawyer Aidroos
    Jul 28, 2018 at 6:30
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    @NumairAidroos Usually there is under zoning codes, building codes and any applicable HOA covenants, although the details vary greatly at a local level and sometimes there are no setbacks in high density townhouse or mid-rise or high rise dominated areas.
    – ohwilleke
    Jul 28, 2018 at 6:34
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Where I live, the way I use the word 'driveway', my driveway is on my land. Then there is the sidewalk ('footpath' here). Then there is a ramp which goes down onto the road, also called a 'crossover'.

The sidewalk and the ramp/crossover are not yours. They belong to a public authority such as the city or the local council. Therefore you are unlikely to have any right to leave a vehicle on them.

You may have a legal obligation to maintain said ramp/crossover but that does not mean you own it. It just means that the local law has decided that you are the right person to pay for its upkeep.

Is there anything I can do to my driveway to allow me to actually use it?

If your wife can get in and out of the garage, then it sounds like you are already using your driveway just fine. There is nothing anomalous or unintended about you not being able to park on that part of your 'driveway' that is on the road side of the sidewalk.

EDIT: To be more precise:

  • 'Should I fight this ticket?' - In order to give a useful answer on this point, you would need to post the details of the ticket, including the law under which it is issued and the allegations listed in the ticket.
  • 'Is there anything I can do to my driveway to allow me to actually use it?' - You would need to buy the land from the city/local government and arrange for them to close the sidewalk in that area. This is unprecedented but in theory they could agree to do this.
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    Regarding the last paragraph, I think the asker means is there any way they can use the extended area of land that connects their driveway to the road including the part that interferes with (or is) the sidewalk.
    – user3851
    Jun 9, 2016 at 14:51
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    I am wondering why this is downvoted when it is giving a correct answer to the asker's question (unless you think they do in fact have rights over a public road reserve). When someone wants something they can't have, and they think they should be able to have it, then the most useful and helpful thing to do is to explain to them why they can't, including both the bare legal reasons and the policy underlying that law. I may not have sugarcoated it but everything in this answer (including the unedited version) is on-topic.
    – Patrick Conheady
    Jun 9, 2016 at 23:49
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    I did not downvote. But it's possible some other downvoter got nitpicky about the difference between "you do not own it" (which might be technically false) and "you do own it, but the public has an easement" (which might be technically true but harder to understand and makes no practical difference in this case).
    – Kevin
    Jul 28, 2018 at 0:55
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Sometimes the city codes require a certain amount of yard frontage and limits on setbacks. Since the sidewalk to the road is technically not yours, maybe there is a way to have the city agree to make it yours if you can prove that they have in some way violated your zones property size limits on front yard distance to the sidewalk. I have seen verbage that alludes to certain lot sizes and Zoning areas requiring a minimum amount of yard space before any public right of way or sidewalks begin.

So if the city is found to be violating their requirements you may be able to push the issue or at least get it dismissed.

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There is a 15 foot easement from the middle of the street to your property that is owned by the city. If you did not have a sidewalk you would not be able to put a fence up within that 15 feet. My husband and I found that out when we put up a fence and then we had to move it back to the 15 foot property line. Actually the fence had to be approximately 4 to 5 feet off the easement line.

The sidewalk is owned by the city along with the ramp which grants you access to the street. It is illegal to park across the sidewalk to your driveway blocking pedestrians access to the sidewalk.

My neighbor does it all the time. People walk up and down the sidewalk all day long and have to walk around their vehicles and out into the street including women pushing baby strollers.

He also owns a motorcycle and parks it on the sidewalk.

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  • Your answer could be improved with additional supporting information. Please edit to add further details, such as citations or documentation, so that others can confirm that your answer is correct. You can find more information on how to write good answers in the help center.
    – Community Bot
    Sep 29, 2021 at 21:44
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    Easements and set-backs vary by municipality.
    – feetwet ♦
    Sep 29, 2021 at 23:19

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