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So called "shared driveways" can occur in open plan front gardens or they can be retro-fitted to older housing. Examples of the latter occur in 1930's houses where two neighbours have made an agreement with each other that enables each to build a garage in his rear garden.
Easements come into play often in residential real estate. A shared driveway, for instance, usually involves an easement for one or both of the neighbors sharing the driveway.Other easements take the form of a right-of-way for access to other areas, such as a public path through your property to access a beach.
So called "shared driveways" can occur in open plan front gardens or they can be retro-fitted to older housing. Examples of the latter occur in 1930's houses where two neighbours have made an agreement with each other that enables each to build a garage in his rear garden.
You should not buy a house with a shared driveway where a maintenance agreement isn't already in place. Also, if you drive at the property and the shared driveway is in poor repair, this will indicate a lack of a maintenance agreement. Think carefully before you buy a house with a poorly maintained shared driveway.
Check your title deeds and those of your neighbour to establish the boundaries of your property and how the driveway is owned. You could each own half of it, or one of you could own the whole of it. Either way, as the driveway is shared you will each have been granted certain rights of access over it.
An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.
Typically, shared driveways fall into one of three categories of legal ownership: (1) the entire driveway is owned by one neighbor but the other neighbor has an easement over the driveway (a right to use the driveway); (2) ownership of the driveway is divided in two, with one neighbor owning part and the other neighbor
A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.
So, having an easement on a property may have a permanent outcome on the property with rights of the home owner. But not all easements are bad.If you live in a rural area, you run into bad easement issues more often, typically where the easement was created by a parcel owner next to your land.