Dallas, TX asked in Land Use & Zoning and Real Estate Law for Texas

Q: Can a driveway be shared equally between properties regardless of the number of owners of the properties?

My neighbor has a driveway with access to part of my land which they let me use anytime I want, but I want to make them a cash offer so that it gets permanently written into the city land records that these two properties equally share the driveway no matter who owns the properties. That way if I end up selling, the next owner can enjoy legal access to the land regardless of whether they have nice neighbors who will let them use the driveway or not. My other option is to purchase the driveway but I don't think my neighbor will want to give up the use of it so I think the sharing option will be best, especially if I can get it permanent even if my neighbor died or sold their property. I guess I'm wondering if these types of arrangements can transfer ownership through the life of both properties.

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Real Estate Law Lawyer
  • Knoxville, TN

A: Hire a competent attorney to draft a Joint Permanent Use Easement for all Parties to agree to.

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