Sharing a driveway
I own a home that has a driveway that I have been sharing under an ''Agreeement'' that I wrote up for the new purchaser of the property. My home and the adjhacent home have been owned by various owners over the years however sharing the driveway was never a problem as the two homes were rented by one owner. Now I own this property myself and the owner next door is now selling their property and I would like to know what my position is on the driveway. Most of the driveway, especially the entrance is on my property. Can I force them to build their own driveway on their property? If not, how do I ensure that they are responsible for half the plowing and repairs when they occur? The current owner did not pay their half of the bill and now the plowing service won't plow next year unless I assume the full cost myself and collect from them on my own.
2 Answers from Attorneys
Re: Sharing a driveway
The best way to resolved this is to force the other owner to build his own driveway on his own property. Dan Kryzanski (203) 259-7234
Re: Sharing a driveway
Part of the answer depends on how long the driveway has been physically used by both property owners. If it's 17 years or longer, it's possible an adverse use easement has been created (often difficult and expensive to determine). Best thing to do is have a written agreement between the owners, recorded on the land records, as to what responsibility each one has. Best to get a survey showing the extent of the mutual driveway easement. Not much you can do about the other guy not paying, except take him to small claims court (probably difficult to prove an oral agreement if he denies it).
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