shared driveway Maintenance

[Pokerman11]

What is the name of your state (only U.S. law)? OH


We got two families living on a shared driveway. All zoning was done properly, and each parcel has access rights to the shared driveway.. Right now the two groups are all family, but someday that will change.

We both maintain the shared driveway and split the costs of repairs.

I was thinking of setting this up a bit more formal, so that when one of us sells the new owner is required to help in the maintenance. It would be nice to have spelled out expectations in advance to avoid any misunderstandings. Also who know families become estranged.

What’s the easiest way to set up something like this? Draft up an agreement and we all sign it or do I need to do something else? Any specific items it should say?

 

[HomeGuru]

What is the name of your state (only U.S. law)? OH


We got two families living on a shared driveway. All zoning was done properly, and each parcel has access rights to the shared driveway.. Right now the two groups are all family, but someday that will change.

We both maintain the shared driveway and split the costs of repairs.

I was thinking of setting this up a bit more formal, so that when one of us sells the new owner is required to help in the maintenance. It would be nice to have spelled out expectations in advance to avoid any misunderstandings. Also who know families become estranged.

What’s the easiest way to set up something like this? Draft up an agreement and we all sign it or do I need to do something else? Any specific items it should say?

**A: two words- easement agreement. Two more words- do it.

 

[FarmerJ]

A atty can help you write a well worded maint agreement that you each could have recorded to the titles of the homes. You can even go as far as spelling out when repairs would be justified or planned , like seal coating every so many months or having rocks and tar added or conditions that would let one party cancel the agreement such as wanting to make the driveway wider in order to park boat, RV, more vehicles. or even something like one party wanting to re build the house garage in such a way that it would just be better if the easement were to end. This way one party doesnt have to pay out for repairs or replacement due to the other party having made enough change that they increase the wear and tear and repair cost. Simple agreements can work but then they are vague and there can be more problems in the future because of it. A Atty can help you with examples of maint agreements then the two of you will be more informed as to your options.

 

[Pokerman11]

I was thinking of keeping this nice and simple. The costs are known.

If we draft up a document and both sign it - then what do we need to do to have it added to our titles?

 

[154NH773]

Listen to FarmerJ.
If you are unfamiliar with writing a legal document, then have an attorney follow your outline and write it for you. If it is to be filed with your deeds, as it should be, it will probably have to mention each of the deeds, by grantor-grantee; refer to the deed language (and probably repeat the description) of the existing easement; and mention the location of the previous deeds filings by Book and Page, date, etc.
If, in the future, the courts determine the easement to be ambiguous, they could re-interpret the language in a manner that you may not like.