[coolguy]

Hello Everyone,
I have been looking for a house quite sometime and found a one which we like. But the property has a "Easement/ROW - Driveway", which means the driveway is shared by the neighbour who live in a house behind this house. My realtor says that the driveway is shared by the owners of both the houses. Does anyone foresee any problems or issues regarding sharing the driveway. Please throw some light regarding as I'm a first time home buyer. Thanks in advance for all your help!!!

FYR, the easement document says the following:

Each of the owners of Lot I and the owners Of Lot 2 shall share equally in the cost of maintenance of said common driveway or shall perform maintenance work proportionate to their respective interests.

Each of the owners of Lot 1 and the owners of Lot 2 shall exercise due care in using and maintaining the common driveway so as to insure that the rights of others to its use are in no maimer hindered or impaired.

Thcre shall not be parked cars on said common driveway easements.

Repairs may be made by each of the owners of Lot I and Lot 2, provided the right of way is not adversely affected by becoming less convenient, accessible or useful to the other owners.

This easement is superior and paramount to the tights of any of the parties in the respective servient estates thus created, and that it is a covenant running with the land.

[AmyBergquist]

I would recommend speaking to your real estate attorney to see if they have any advice on this situation.

The verbiage you provided seems pretty standard for driveway easements. As it points out, you will share the maintenance costs with your neighbor. Some people see this as a benefit. Other people don't like "sharing" and it may make the property more difficult to re-sell later on. Just some things to consider.

[shwee]

Originally Posted by coolguy

Hello Everyone,
I have been looking for a house quite sometime and found a one which we like. But the property has a "Easement/ROW - Driveway", which means the driveway is shared by the neighbour who live in a house behind this house. My realtor says that the driveway is shared by the owners of both the houses. Does anyone foresee any problems or issues regarding sharing the driveway. Please throw some light regarding as I'm a first time home buyer. Thanks in advance for all your help!!!

FYR, the easement document says the following:

Each of the owners of Lot I and the owners Of Lot 2 shall share equally in the cost of maintenance of said common driveway or shall perform maintenance work proportionate to their respective interests.

Each of the owners of Lot 1 and the owners of Lot 2 shall exercise due care in using and maintaining the common driveway so as to insure that the rights of others to its use are in no maimer hindered or impaired.

Thcre shall not be parked cars on said common driveway easements.

Repairs may be made by each of the owners of Lot I and Lot 2, provided the right of way is not adversely affected by becoming less convenient, accessible or useful to the other owners.

This easement is superior and paramount to the tights of any of the parties in the respective servient estates thus created, and that it is a covenant running with the land.

We shared a driveway when we owned our first house and share one with our neighbor in our current house (by coincidence). No problems whatsoever, although it certainly helps if you make an effort to become friendly with the neighbor.