How Do I Know If My Driveway Is Shared?

How do I get rid of a shared driveway?

If you and the other party to the easement agree that it should be terminated, it can be done with a written agreement.

The easement holder can also opt to transfer the easement back to the other party, which cancels it out because a property owner cannot give himself an easement on property he currently owns..

Does a shared driveway decrease property value?

When it needs paved, or something obstructs it, what exists to be sure that it’s spelled out how costs will be shared or managed. Never the less, as long as the driveway is legally recorded, and it’s clear you’re allowed to use it for ingress and egress the it shouldn’t effect property value.

What is the definition of a 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.

Who is the dominant owner of an easement?

Creating an easement by ‘grant’ means that the servient owner grants the dominant owner an easement over his or her land for the benefit of the dominant land.

How do you separate a joint in a driveway?

Paint a white or yellow line down the middle of the driveway to divide it. A painted line is not as intrusive or expensive as a fence. Verbally agree with your neighbor to only use your half of the driveway. In the agreement, state that you will not block or obstruct his half.

Can my Neighbour access my property?

However, the law states that you cannot enter your neighbour’s land without your neighbour’s consent. To do so would constitute a trespass. Also a court has no power to order your neighbour to allow you onto the land.

Who maintains a driveway easement?

A benefitted party has the obligation to maintain the easement, ensuring for instance, that a parking area is kept in safe condition, although this may be negotiated by the parties. A burdened party may not interfere with the intended use of an easement by, for example, putting a chain across a right of way.

Is a shared driveway bad?

It is really uncommon to have a shared drive. It is possible it could be considered a negative. Your real estate agent should be able to give you proper guidance. You may even want to ask them for an example of another property that had a shared driveway.

How do shared driveways work?

The law says that your neighbour can use the easement to pass across your property to enter their property. … Your neighbour should only be using the driveway for the short period it takes to drive or walk across it to enter their property and they should definitely not be parking their car there.

Is a shared driveway a public place?

– Robert, NSW. Q: I want to know if our shared driveway is private property under the law? … As per the plan of sub-division, if the driveway belongs to, or is leased/licensed to the owner, the public are not allowed to access the driveway.

Is your driveway your property?

After all, it’s your property, not anyone else’s. However, it’s worth noting that any section of driveway that extends beyond your property boundaries belongs to the council. In other words, you don’t actually own the “parking area” in front of your driveway.

Is it illegal to use someone else’s driveway?

Why is this allowed? While someone else plonking their car in your driveway is definitely deeply irritating, it’s not actually illegal. The Road Traffic Act 1991 handed all power over parking enforcement from the police to local authorities, but the council isn’t able to help you either.