However, there are neighbors who try to exercise more rights than they should when they learn that they will have someone next door. Kasprisin found himself in this situation when he sold a Victorian home in Joliet, Illinois, in 1895. The neighbor took the position he owned the driveway because he had been living on the street for a long time, and told the buyer, “Just make sure your people don`t park in the driveway,” the agent said. If you think you have a common entry problem, it is in your best interest to do your due diligence and know exactly what types of easements or agreements are in place. Investigating the situation is especially important if you expect the sale of your home or property. However, if you`ve had a particularly strained relationship with your neighbors about sharing the aisle, you may find that dividing the aisle is the best option before you sell. Some things should be included in any joint entry agreement. We always recommend that you consult a lawyer who is familiar with easements and contracts before entering into a formal legal contract. Things that should be included in any joint entry agreement include: Please consult a lawyer. This section does not constitute legal advice and is for the purpose of necessary information only. Before executing agreements or submitting additions or amendments to your deed, a licensed lawyer should be consulted. Marshall, Roth & Gregory, a law firm in Asheville, North Carolina, that handles estate planning and real estate transactions, said real estate agents should pay attention to these “shared access issues” before listing the property, as well as before closing. Regardless of how the shared driveway was used before, owners and users should document the limits, responsibilities and costs of their ownership in a document such as a joint entry agreement, the lawyers say.
An easement may indicate that each owner owns a portion of the driveway, but has the right to use all the space to get to and from the garage, according to Nolo.com, a leading legal website since 2011. In other cases, an owner owns the entire driveway and the easement grants the neighbour who shares the driveway the right to use part of it, e.B. parking on one side or to reach the garage. If you and the other party to the easement agree that it must be terminated, this can be done with a written agreement. The holder of the easement may also choose to return the easement to the other party, who will cancel it because a landowner cannot afford an easement on land that he or she currently owns. “You have to look at it on a case-by-case basis, house by house,” Kasprisin said. If your shared driveway is the only one in a residential area where everyone has their own driveway, “it will affect the value a little bit because it`s something else.” Unfortunately, this courtesy depends on how well you get along with your neighbors. Some residents chased each other for navigating a common driveway. Others may have a nice deal until one of them moves, so the remaining owner can claim that the shared driveway belongs to them alone because they`ve been using it longer, no matter what a real estate survey says. Concerns that often arise in shared aisles include: Coveted parking: In metropolitan areas like Brooklyn, New York, where parking is a bonus, a shared driveway is a “coveted” feature, whether or not it needs to be shared with someone else.
The legal description of the property depends on a survey that determines the exact dimensions and boundaries of the driveway. In order to maintain these limits and dimensions, a professional appraiser is usually required, who will provide you with a certified survey to accompany the legal documents. There is a true division of the driveway only if there is a separate notarized right to own the driveway, in addition to the ownership of the two neighbors in their individual properties, and as such, the driveway to the neighbor is titled common tenant or roommate. In the case of an entrance easement, it allows the person who is the beneficiary of the easement to cross the “servient” property. The land that receives the benefit of the easement is called “dominant” property or succession. An entrance easement can be created by recording an act stating, for example, that a neighbour owns the driveway halfway but has an easement or right of way to use the rest; However, the adjacent house has the other half of the driveway, with a right of way in relation to the part that the neighbor owns. An easement can be claimed by prescription for the use of the driveway. This requires proof that your neighbor voluntarily renounced his use of the aisle during the troublesome period when you and your predecessor in the title benefited from the exclusive use of the aisle. Easements must describe the extent of use, as well as the location of the easement and boundaries. For example, if an easement is created for the driveway of a house, the owner of the easement cannot turn his house into a hotel where many cars pass through the easement if the easement was intended to be used by a single family. “The next buyer may find themselves in a quagmire,” said Bryan Kasprisin, a leading real estate agent in Joliet, Illinois, who has sold several properties with shared driveways. So how can a seller ensure smooth navigation? It turns out that the property line passed in the middle of the driveway and this gave the buyer the right to use half of it, just like the seller.
With the help of a real estate lawyer, the two parties drafted a maintenance contract that specified maintenance, liability and access. (As of January 2020, 21 states require a real estate attorney to be present at graduation, while other states only require a lawyer to prepare certain documents.) Clearer and safer roads: Roads with apartments close to each other may look clearer and become safer by reducing “vehicle access points” such as driveways, said a steering committee on proposed road improvements in Washtenaw County, Michigan. “The sharing or sharing of an entry by two or more landowners should be encouraged,” the committee`s report says. These negative aspects associated with shared use of an aisle can be corrected or completely eliminated by a clear set of rules that govern common ownership. In fact, it is relatively common for written guidelines to exist in the legal literature relating to the country where the aisle is located. If you share a road or driveway with one or more neighbors, a joint entry agreement is a good idea. In many cases, a joint entry agreement is concluded arbitrarily, which leads to legal problems in the future. The concerns you have now are likely to be re-examined by the prospective home buyer when it is time for you to sell. Through a joint entry agreement, it gives all parties some security. The rules of common entry can be set as an easement of the plan of subdivision or as an agreement on the acts of the individual houses that share them.