Purchasing a New Home with Shared Driveway, Only Drive is Not on the Easement

[klm7552]

Hi:

I am looking to purchase a new home that has a shared drive that is supposed to be on whats call a Limited Common Element; the problem is that the Drive was put in on the neighbors properity off of the Limited Common Element. The Neighbor is reluctent to sign grant a legal easment to the drive and seems to want to do it on a verbal agreement for use and maintenance. This home and the neighbors home are about 6 years old located in Mighigan. In talking to the township it the builder was mining sand from one of the lots and had this drive in place for the trucks and rather than putting the drive in the limited common element opted to leave it where it is.

I am reluctent to continue this purchase with out the legal Use and Maintenace agreement that should be filed with my deed. Does anyone have any suggestions. I asked the township if we could put a drive on the limited common element but they said that the grade is greater than 10% and to work out something with the neighbor. The current drive is greater than 10% also. I would think that the township would be willing to allow this as they where the ones that did not properly inspect for proper placement of the drive in the first place.

We really want this house, what are our options?

Thank You,

Ken

[landagent]

You got it right. If you don't get it all in writing now its going to be a problem later on. I would think you would want an easement agreement which spells out what, who, how maintained, etc. If you don't and buy and then later on when you want to sell guess what the issues will be. Think it effects the price? If you havn't purchased it yet, tell the current owner to straighen this out and you will buy, otherwise you will keep looking. Sounds like the neighbor might be a pain anyway.