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

Beverly, MA |
Filed under: Real estate

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. Best answer

    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.

  2. 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 relationship.

  3. 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 on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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