Globe, AZ asked in Real Estate Law for Arizona

Q: I have shared easement (driveway) with my neighbor, they want to blacktop our shared drive way, i don,t see a need.

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1 Lawyer Answer

Adam Martinez

Answered
  • Mesa, AZ
  • Licensed in Arizona

A: The written grant of easement should govern the rights and responsibilities of the driveway between you and your neighbor. Absent specific terms in a written grant of easement, users of an easement generally have a pro-rata responsibility to maintain the easement. The question of whether a particular act constitutes maintenance of an easement or causes interference or damages to another party requires additional facts.

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