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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 |

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

Posted

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.

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Asker

Posted

My wife and I love the house but so many people have warned us of issues of shared driveways. Not sure if we should be concerned so much because this home/property does have a declaration of easement which is clear that the division line between the lots is the center and responsibility for maintenance and snow removal is one-half. Would you suggest that because this declaration of easement is in place that we should not have such major concerns? I will have an attorney look at it.

Thomas J Callahan

Thomas J Callahan

Posted

Again, if well drafted, you wil be ok legally. The issue will be will you get along - will you share the same philosophy as to degree of maintenance, when the snow guy should come, can you each spend the same for maintenance. Ask the seller about how they got along with the neighbor on the driveway, how they handled things, how the rules in the easement have played out in reality. Maybe meet the neighbor too. If the attorney okays the document and you are assured on the relationship, then it should be fine to move forward.

Posted

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.

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Posted

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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