Who is responsible for maintaining an easement driveway?
Generally, when a driveway gives access to two or more properties, then the responsibility for its maintenance is shared jointly by the owners of those properties. Under the Land Transfer Regulations the cost of general repairs and maintenance of a right-of-way should be shared equally by users.
What is maintenance easement?
The right of use to a section of your property by another party. A maintenance easement is generally 900mm wide. The easement is designed to enable servicing, construction and maintenance of the adjoining dwelling, which is built up to the boundary.
What is the difference between a driveway and an easement?
According to Findlaw.com, easements are typically created by a written contract or a conveyance of deed. A driveway easement gives the easement holder the right to use the property owner’s driveway to access his land.
What rights do I have with a shared driveway?
If your neighbor is parking entirely on his half of the driveway than there is nothing you can legally do to prevent it. This is because both of you have a legal right to use your part of the driveway in any way you see fit.
How do I know if my driveway is shared?
The first thing to do is to ask your Realtor to gather documentation surrounding the use and rules of the shared driveway. The Realtor should dig up a survey map that shows the easement boundaries of the driveway, and that will show you who actually owns the driveway.
Whose responsibility is it to maintain an easement?
However, the law is fairly clear about who has responsibility for maintaining an easement. Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. Easement holders don’t become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it.
Can a neighbor block a driveway easement?
Your neighbor, the owner of the land upon which the easement is located, can’t legally do anything to interfere with your use of the easement to access your property. However, the landowner can do whatever he wishes with his land, including using your easement, as long as he doesn’t interfere with your use.
Do owners get compensation for easement?
Owners receive compensation solely for grant easements. A grant easement is one in which the owner is approached by a person, company or government who needs to use part of the owner’s land. After discussion and negotiation, a price is agreed upon for the easement.
Who maintains a shared driveway?
Who owns and maintains a shared driveway. A shared driveway generally is jointly owned by the owners of the properties it gives access to. Details of the way in which it is owned (i.e. owned in common or with reciprocal right of way easements) are shown on the Certificate of Title.
