Pros and Cons of a Shared Driveway

Conifer lined entrance.
Sometimes a home shares a driveway with other properties. Here is some information about “common driveways”:

Pros
Costs of repairing and maintaining a common driveway are shared between you and the other owners.

Cons
You need to abide by rules when sharing a driveway. There may be parking restrictions or policies of what you can and cannot do on this type of driveway. If there is a disagreement about how the driveway is being used or disagreements about maintenance, these issues can lead to unpleasant situations with neighbors.

Rules
To avoid disagreements, written rules need to be in place that govern shared property.

Who Owns the Driveway
Even though a driveway is shared, it may be owned by one individual with rules in place on how it is to be shared. Typically a deed will show how the driveway is owned. The owner of the driveway is the servient estate and the easement holder is the dominant estate.

A driveway is only truly shared when there is a separately deeded right for the ownership of the driveway and this driveway is titled in the neighbors as tenants-in-common or joint tenants.

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s