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What type of agreement do you need to give your neighbor a shared access to your driveway?
Wiki User
∙ 14y ago
You would want to consider a license agreement, or an easement, depending on how "permanent" you are prepared to make the arrangement and what it does for you in return.
Granting "permanent" rights can create problems down the line: refinancing, sale.... You're giving your neighbor rights to use your property that a lender or buyer be concerned about. In fact, if you have a mortgage now granting permanent rights could impair your mortgage. There are also zoning and other local ordinance considerations.
A license agreement is by its fundamental nature something you can revoke at any time; it is not even as "permanent" as a lease. This way you can control the situation in case of a refinance or sale of the property. People generally do not record licenses although it is an interest in real estate, but then undoing it would require a recording too.
An express easement grant (i.e. a written agreement) is generally recorded to avoid future claims of adverse possession and/or prescriptive easements. It can also help with property taxes as it is typically considered a "burden" on the property you are granting use of (the "servient" tenament). And not to put easements into a terrible light, they can be revocable too, but again not just "any time" -- usually it must be a specific event such as refinance or sale if its existence may screw things up.
Either kind of agreement would have similar provisions for other things though: insurance, indemnity, compensation if any, property taxes, upkeep/care/repair.... It's just that the easement would have some kind of fixed term (could be forever@!) whereas a license as mentioned is supposed to be "revocable" at any time on stated notice for any reason or NO reason....
Doing nothing can be worse, however, because then the terms of the arrangement are unstated and arguments could develop over whose responsibility it is to fix, pay taxes, insure, etc.
Whatever agreement you decide on, however, you should not just go to a form book. If this is your home and primary asset, spending a little money for a lawyer to help is highly recommended.
Wiki User
∙ 14y ago
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Can the neighbor park on the shared private driveway?
A co-owner of a shared driveway cannot claim more rights in the driveway for themselves by blocking access to the other owner. They would have no defense if the other party were to sue and could be liable for any resulting damages and legal costs. Your neighbor's behavior is unreasonable and irresponsible. You should consult with an attorney.
You and your neighbor share the entrance to a twelve foot driveway each owning one-half. He is selling his place. Will the new owners be able to change that shared driveway?
It all depends on whether the agreement has been formalized in writing. Check your deed and your neighbor's deed. It should be recited in the deeds or in an independent easement agreement. If it's not then you need to execute an agreement with the neighbor before they sell the property to a new owner. Otherwise you'll need to execute an agreement with the new owner. The only way to establish your rights would be by a court order.
Does neighbor have right to park at end of shared driveway in Harris county Texas?
No, assuming that it is, in fact, a shared driveway (see your deeds), neither neighbor has the right to obstruct the right of way. You can only park within your property lines; you cannot park so as to lie within the other neighbor's property. I had the same issue with my property, but later found out the driveway wasn't actually shared (it belonged to me!).
Your neighbor has begun to let the public have acces to a private gated parking area on her side of a shared driveway can she do this?
The answer all depends on the language used when the shared driveway was created and state laws. It also depends on where exactly she is providing access, over the driveway easement or on her own land. If the land involved was specifically dedicated to a "shared driveway" to be shared by the owners of the abutting properties then she has no right to put the land to another use. You should consult with the attorney who represented you when you purchased the property. Shared driveway easements are an unending source of trouble when one or both owners overstep their rights. You need to check the language in the deeds and determine what state laws govern the easement. For that you need expert legal advice. You should act ASAP.
Who maintains shared driveway easment?
You need to review the document that created the shared driveway. Shared driveway agreements generally provide for maintenance and upkeep.
My neighbor and i both have a 8' easement driveway on each of our properties in san Luis obispo county ca i have been told by local pd that i cant park on my side of the driveway is this right?
Answer: Check the language in the deeds that created the common driveway. The shared rights should be set forth in that language. Keep in mind that you cannot block the other party who has right to the common driveway.
Who has the right of way on a shared driveway?
we use to use it exclusive but then a big truck was parked there
What types of permissions are needed for shared documents?
The types of permissions that are needed for shared documents are "shared access." In other words, a shared document needs to be set to "public" access.
We are 14 privately owned villas and share a private road with gated access. Can we have e a shared access agreement only or do we have to come under the Portuguese term of condominium.?
You will need to contact the local Portuguese athorities about this matter. You can only find an answer from them.
Describe how shared access areas can be used when creating document?
Shared access areas can be used to create a document remotely then shared among the authorized users.
What function of a computer allows access to its shared rescources and services?
The networking functions of a computer allow it to access these shared resources.
Why monitor access to shared folders?
To prevent access of users who are not allowed to use/change/delete/create shared resources.
