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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.
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.
Concerns that often arise with shared driveways include: One neighbor blocks how the other can reach the garage, the front door, or his or her car. Children leave bicycles or toys in the driveway. One neighbor fails to shovel snow or share in the cost of repairs.
Is shared driveway bad?
The most significant possible negative is that – because you are sharing the driveway with other people – you may become involved in a disagreement. The argument may not even be about the driveway, but the disagreement can spill over into how you both use and share the primary access to your homes.
The Realtor should dig up a survey map that shows the easement boundaries of the driveway, and that will show you who actually owns the driveway. Even though the driveway is shared, it may be owned by one particular party, with rules in place to allow others to use it.
Can a homeowner own part of a shared driveway?
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. Concerns that often arise with shared driveways include:
When to create a divider between neighbors in driveways?
Creating a divider between neighbors with a shared driveway can become necessary if your neighbor is frequently encroaching on your half of the driveway. There are many ways to create a divider between two neighbors with a shared driveway, but care must be taken to make sure the divider itself will be on your half before beginning the process.
Is there a property easement on a shared driveway?
Property Easement on a Shared Driveway. A common type of property easement is when two neighboring properties have a shared driveway. Typically, each owner owns part of the driveway and has the legal right to use the entire driveway to drive their cars to and from their garages or parking areas at the rear of their properties.
The first type is an access way, standing partly on one owner’s land and partly on an adjacent owner’s land, over which both owners enjoy a right of way. The second is where one neighbour owns the land outside another neighbour’s house.