If there is no easement and the use of the driveway by previous and existing owners has been continuous or the only viable access to the property is, legal action may be required to stop a disturbance by the neighbor and further establish a continuing legal right to use the shared driveway. and the determination of the parties` respective rights, obligations and obligations with respect to repairs and maintenance. Such legal action is commonly referred to as claims of unfavorable possession or prescribed servitude, both of which require a party to prove years of use and the need to require continued use of the shared aisle. In most cases, there are written rules for shared walkways, recorded in plans of subdivision in the form of easements or covenants in the deeds of houses that share the driveway. However, it may also happen that there is a separate document for the common entrance under the easement. In the event of a dispute between the two owners about the common driveway, it will be important to identify how the deeds will be registered. Thus, to determine the size and scope of a geographically undefined entry easement, you must determine the intent of the parties at the time of creating the easement. If you don`t have a real estate agent, you can do the research yourself. You`ll need to go to the Archives Office or possibly explore the appraiser`s maps for the county to see if you can find any information about the entrance. Your broker can also collect all the information about how the aisle is shared, where the responsibility for maintenance and repair is located, and any other relevant information.
Before you buy a home with a shared driveway, there are a few things you should consider first. It depends on your situation. The biggest possible downside is that because you share the aisle with other people, you can get involved in a disagreement. Neighbors who are human can sometimes argue. The most important negative point possible is that because you share the aisle with other people, you may be caught in a disagreement. Over the years, I have sold many homes that were serviced by a shared drive. In most cases, facing such a situation is not the end of the world. If shared walkways are common in the community where you want to buy, you shouldn`t be surprised to discover that the property you have in mind has one. That is, the purchase price should reflect this. For example, a house with its own private driveway could potentially be sold for more money than a house with a shared driveway. This will come in handy when you are making an offer for a home. One last thing you can do to get more information is to visit the neighbors with whom you may be sharing the driveway.
They can ask questions about their experience with entry, how users take care of the aisle, and what happens in the event of a dispute. However, if you`ve struggled to use the driveway with your neighbors, sharing the aisle before selling may be a better option. On the negative side, there may be frustrations related to sharing an aisle. There may be certain rules that you disagree with regarding the aisle. The first thing you need to do is ask your broker to collect documents about the use and rules of the common aisle. The broker should dig up a survey map that shows the boundaries of the aisle easement and shows you who actually owns the driveway. There are a number of problems that can arise between neighbors with a shared driveway. Note that some lenders do not grant loan approval to potential buyers who are interested in a property with a shared driveway without a registered legal document. In a residential area with many densely populated houses, the reduction in the number of driveways gives an attractive and clean appearance. Roads with apartments close to each other will also become safer by reducing access to traffic such as walkways. Most of the time, there is little trouble sharing an alley as long as both neighbors act with consideration and practice common sense. .