Looking to purchase a home with a shared driveway, ther is a declaration of easement. It is priced very well.

Asked almost 2 years ago - Beverly, MA

Any advice would be helpful, would love to purchase the home but very concerned with easement althought the declaration clearly spells out ownership being 50 -50 along with maintenance and snow removal.

Attorney answers (3)

  1. Jennifer L. DiCarlo

    Contributor Level 11

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    Answered . You are right to be concerned with an easement. Easements and rights of ways can be the source of many problems between landowners. But, they are also a practical means of dealing with access and boundary disputes. A properly drafted easement should address the location and dimensions of the easement, who has rights in it, the allowable uses in the easement area and any restrictions on use, identifes those with an obligation to maintain it and at the expense of whom, and if and how the easement can be relocated or extinguished. Even if you weren't purchasing a property with an easement, you should consult an attorney to review the purchase and sale agreement and title. In your case, this would involve reviewing the easement document(s) and bringing to your attention any immediate concerns. Purchasing real estate is a significant transaction and should be handled with care and caution.

    This "answer" is for information purposes only and is not intended as legal advice or to create an attorney-client... more
  2. Thomas J Callahan

    Contributor Level 18

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    Best Answer
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    Answered . What exactly is your concern? Sounds like it is in writing and explains maintenance responsibilities. Is it perpetual? Have an attorney look at it, but if drafted properly, it should not be an issue of great concern from a legal point of view. There is always still the possibility of dispute, if the two of you have different ideas about the degree of maintenance or frequency of snow plowing required.

  3. Erik Hammarlund

    Contributor Level 18

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    Lawyer agrees

    Answered . You should have an attorney when you purchase the home, in any case. That attorney will review the title and should be able to answer any of your questions.

    It is generally wise to retain the attorney prior to signing the offer documents.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask... more

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