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  1. #1
    Join Date
    Jun 2010
    Posts
    5

    Default Re: Shared/Contiguous Driveway Issue - Neighbor Won't Sign a Shared Maintenance Agree

    Hi LandSurveyor, I was really hoping you would chime in.

    1) I have no idea why this is a problem now and hasn't beein since 1948 when the houses were built. The atty said that title companies are really clamping down because banks are being very diligent in finding title clouds due to the foreclosure crisis.

    2) My 1996 survey shows just my property and does not have any markings indicating how it falls in with the surrounding properties. It does not specifically measure the 8 ft opening, just the almost 70 feet of road frontage.

    3) Mr Neighbour is afraid of a shared maintenance agreement. He says that a) it encombers his property for a future buyer and b) someone can come along and force him to pay thousands of dollars to upgrade the driveway. Additionally he feels that his 12 ft of cut out are more than adequate for his daughter's needs (she lives there) even though she rides out onto "my" part of the driveway every time she comes/goes.

    4) I think that Mr Buyer and his surveyor were up to some hijinx initially. There is abandoned property behind mine to which I was deeded any rights that would have belonged to the previous owner of my property ... no where have rights ever been established. Mr Buyer and his surveyor drew that into the plat as owned by me. I told them they were wrong and so did the title company. I think that this raised the title company's hackles and made them really look at things more closely.

    5) Mr Buyer is afraid of having the same problem I'm having and doesn't want to use my title company.

    Should I contact the title company that has my owner's policy (1996) or the one which insured the lender on my last transaction (2007)?

    Thank you so, so much for reading.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Shared/Contiguous Driveway Issue - Neighbor Won't Sign a Shared Maintenance Agree

    I can only address the driveway issue as I have no clue as to the status of the other parcel behind your lot.

    As it appears you are in a time crunch, the idea of going to court for a prescriptive easement is probably a non-starter. If you had the time and money, it sounds as if you have a good case.

    Let's go back to the neighbor, who at least appears to be approachable in conversation. The maintenance objection is not a problem. I will get to that in a moment.

    Let's work on the shared use agreement. He, or at least his family, uses the 8' of your property, as someone has since 1948.

    Do you need the entire 12' on his property or would 8' work for you?

    If so a reasonable person might think that the shared use was equitable. His alternative is losing 12' to a prescriptive easement.

    As for the maintenance agreement, the neighbor's objection would seem to be easily overcome by an agreement which would require the agreement of BOTH driveway owners in advance for any shared maintenance expense.

    He will either be more agreeable to this or you will flush out new objections.

    In any case you will better know where you stand.

    Good Luck!

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