What are my rights with a shared driveway?
Common or shared driveways are generally created for the purpose of benefitting particular adjoining properties. The persons sharing the driveway have the right to use it – but they also share the responsibility to maintain it for the shared benefit.
Who owns shared driveway?
A shared driveway is usually owned by each of the homes involved. The part of the driveway on their land is owned by them, and the maintenance of the entire driveway is shared by all parties. In some cases, the driveway may be owned by one house, but legal access is given to anyone who needs to use it.
How do you split a shared driveway?
One option for dividing property lines down a shared driveway is to install chain link fencing. A chain link fence is a relatively inexpensive fence to have installed, and can readily be placed over asphalt. Asphalt is soft enough to allow fence posts to be sunk into the driveway.
What is the difference between a shared driveway and an easement?
In its most basic definition, an easement is a right of one individual to exercise a limited form of ownership or possession of the property of another individual. A shared driveway, for instance, usually involves an easement for one or both of the neighbors sharing the driveway.
Can my Neighbour park on a shared driveway?
Neither neighbour has a right to park their car on a shared driveway, as such it’s something that must be worked out privately between both parties. There’s little legal protection on this issue as whichever way you slice it, your car will either be illegally parked or blocking a right of way.
Can my neighbors use my driveway?
Answer: You should check your title deeds to ensure that there is no documented right for the neighbour to use your driveway in that manner. If no right is apparent, it is still possible for the neighbour to have acquired a right to use part of your driveway in order to move in and out of their driveway.
Is it bad to have a shared driveway?
Pros of shared driveways On the positive side, you can generally expect the costs of maintenance and repair to be shared between you and the other owners. If you live in an area where snow is an issue, you and the other people sharing the driveway may also share in the cost of snow removal.
Can you legally split a shared driveway?
Answer: 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.
How do shared driveways work?
These rights attach to the ownership of the land and typically pass along to the new owner. Other times, one homeowner owns the entire driveway, and the easement grants the neighbor sharing the driveway the right to use part of it, such as parking to one side or for reaching the garage.
Why do people have shared driveways?
This type of setup, where two or more people jointly own a driveway but negotiate maintenance and use, can crop up in cities and suburbs alike. When the parties are agreeable, a shared driveway is just another quirk of your home. No one hogs the other’s half or blocks the neighbor’s access with bad parking.
Can I erect a fence on a shared driveway?
Is it illegal to turn around in someone else’s driveway?
Generally it’s not going to be illegal. If you know the person doing it you can politely ask them to use another neighbor’s driveway. Unless they are using your driveway to commit a felony drug sale the police are generally not going to be that…
What is the purpose of a shared driveway agreement?
This Shared Driveway Maintenance Agreement is made [date], between [name and address of first party] (“Party A”), and [name and address of second party] (“Party B”), for the purpose of governing the maintenance, improvement, and repair the driveway shared by their 2 adjoining parcels.
What do you need to know about a snow removal contract?
A snow removal contract is between a client and a contractor to get rid of snow and ice on a property in exchange for payment. This agreement can be made for commercial or residential use with the contractor being obligated to perform the services either immediately after a snowstorm or only upon request from the client.
Who is the owner of the shared driveway?
The typical shared driveway is not generally owned by both neighbors jointly, as previously described, but instead, one neighbor usually owns the driveway while the other neighbor will hold an easement to use the driveway, or a right of way over such driveway.
How can I get my Neighbor to pay for my driveway?
To force your neighbor to share in the upkeep and maintenance of a driveway or, better yet, to force your neighbor to pay for the entirety of the driveway maintenance is a complex proposition. To do this, you should first look to the deeds for all of the properties sharing the driveway.