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Introduction to Shared Driveway - Problems Agreement and Laws

  If you come across a shared driveway property during your home shopping, you are likely to have some problems before deciding to buy it. From the perspective of shared driveway problems, shared driveway agreement, and shared driveway laws, we have detailed introduction to shared driveway in this article.

What is a shared driveway?

  Some people refer to shared driveway as "public driveway," but it has a legal definition. Real estate lawyers say that almost all shared driveways are "subordinate easements," or "exercise limited forms of ownership or the right to possess other people's property." Shared driveway is usually driveway jointly owned by the owners of the property to which they are allowed to enter. The contract shows the details of its ownership method (ie joint ownership or reciprocal easement). Maintenance needs to be arranged between co-owners, and responsibilities can be specified in the easement document. Shared driveway is very common in newer commercial districts, such as open-air malls, regional shopping malls, and office parks.

Shared driveway problems

  On the negative side, shared driveway may bring some setbacks. Regarding driveway, you may disagree with certain rules. For example, you may not be able to repair your vehicle in the driveway, or you may have parking restrictions. If your property has limited parking spaces and you want guests to come over, you may be restricted in how you can use the driveway to provide parking for guests. The most serious negative effect is that because you share the driveway with other people, you may get involved in disagreements. Neighbors, as human beings, sometimes quarrel. This is part of life, but these arguments can become more difficult because you are sharing something that is necessary for the comfort and convenience of you and your neighbors.

  The argument may even have nothing to do with the driveway, but the disagreement may spread to how you use and share the main passage to your home. Dealing with bad neighbors is never pleasant, especially in the process of selling a house.

  In addition, driveway maintenance problems can cause real headaches. Who is responsible for maintenance, what if no one agrees on the correct solution for the driveway, and what if there is a dispute? In most cases, all property owners’ rights and responsibilities for shared driveway will be listed in the title document, but common law covers certain areas. These regulations should use driveway wisely-all users are allowed to enter. In short, this means that if you share a driveway, you should make sure to always leave room for passage for anyone else who uses it.

Shared driveway agreement

  If you share a road or driveway with one or more neighbors, a shared driveway agreement is a good idea. In many cases, the creation of shared driveway agreements is accidental and will lead to future legal problems.

  The shared driveway agreement is a legal easement that defines the ownership of the driveway. You can involve a lawyer in a formal driveway sharing agreement to clarify the rights of each signatory. The agreement can specify the parameters, responsibilities, maintenance and rules of the driveway. 

  An easement is a legal agreement that grants ownership of specific land. Easements give one or more other entities the right to use land for different purposes. The most common easement is for passing utilities below or above your property. If your driveway crosses your property line or extends along the trailing edge of your property, you can share the passage with your neighbors. In fact, you have created an easement that allows your neighbor to use half of your shared driveway to enter his property.

Shared driveway laws

  Shared driveway often appears in rural communities and communities where multiple people use the same driveway. Depending on your city or state, if you live within the city limits, you can also share a driveway. The laws related to your shared driveway vary, but most laws focus on the details defined and listed in your contract and the neighbor's contract.

  * Controversy caused by shared driveway

  * Sometimes, there may be disputes with other neighbors about the use of shared driveway. Common disputes may include:

  * A neighbor or their guests often park their car in the driveway to prevent another neighbor from getting in and out.

  * Children's toys or bicycles are blocking the driveway.

  * Failure to share the cost of repairing and maintaining the driveway.

  * Neighbors erected a fence

  * It is best to try to resolve the dispute in a friendly way, because you all need to enter the driveway and you live next door. However, if the dispute cannot be resolved, sometimes it is necessary to file a lawsuit and let the court resolve it. Your lawyer can help you negotiate with your neighbors and represent you in court.

How to sell a house with a shared driveway?

  When you are ready to talk to buyers about your shared driveway, the following tips can give you peace of mind:

  * Be open and honest

  Most importantly, buyers are looking for someone they can trust. Don't try to ignore any negative effects on the driveway. Instead, have your real estate agent sit down with the buyer to discuss the easement boundaries and the use of the driveway outlined in the easement.

  * Market well

  Work with your agent to develop a marketing plan to highlight the advantages of shared driveway. Before you start showing your house, prepare answers to frequently asked questions.

  * Focus on the appearance of your home

  Make sure that your house is spotless and properly furnished. Owning a beautiful house does not eliminate the disadvantages of shared driveways, but enhancing its appeal will make buyers more likely to ignore the disadvantages of driveways.

  If you own a house, or plan to buy a house with a shared driveway, please read the property deed carefully and find any information about the area. The contract should define the type of relationship or the category to which the driveway belongs and your responsibilities for maintenance. The deed also explains the driving distance of the driveway and any part of the driveway is solely on your property, which makes these areas your responsibility.