Moving shared driveway

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

Hi! And thanks in advance. Any idea how easy or hard it is to move a shared driveway? We are considering purchase of a home with a shared driveway.

The realtor says that shared driveway is a deeded easement. It cuts the backyard in half from side to side. I'm wondering if it could be moved toward the rear of the property to give us more usable backyard and improve the value of the property?

Are these things usually specific in their location? Or just that we have to provide access for the neighbor?


BTW -- both houses have their original, own driveways. The shared driveway is a later addition, but has been in place for 20+ years. The county assessor's office doesn't show it on any maps. I assume that these maps aren't the "last word" in these matters and the deeds are.

Again, many thanks.

Do the terms of the easement specify a location? If so, then you'll have to move it specifically. If not, you may have greater flexibility. Ask the realtor for a copy of the deed so you can review the terms. If it's newer perhaps it was done by agreement and not recorded?

The ministerial act of "moving" the easement is relatively easy. It would require all the parties (dominant and servient estates) to agree and record a revision to the easement. If there's only two of you that makes it easier.

The harder part may be reaching agreement. If the neighbor is nice and reasonable and doesn't rely on the current location he'll probably be fine with it so long as you bear the expenses of rerecording. Since he has his own driveway that may be the case. On the other hand, if it creates a burden to him (e.g., he's aligned his garage or fence or something) to the current easement then you may need to convince him with money. That could get expensive.