Q: When we purchased our home, we understood that there was a driveway easement, which provides us access to our property.
Our understanding is that the driveway's maintenance (as part of the easement) is solely the "owners" of the property. Is this correct? Or is this a shared responsibility? Any information you can share would be greatly appreciated.
A: Dear Driveway Easement Owner: When an ingress/egress easement serves several properties the standard mechanism for maintaining the shared driveway is something called a "Maintenance Agreement". Typically this type of agreement requires a pro-rata contribution (based on percentage of road use or frontage) for the yearly division of the costs to maintain. You should begin by asking all appurtenant owners whether or not there is such an Agreement in place. If there's not, I'd suggest calling for a meeting of all users of the easement and try and work out an agreement. JAMES GREER
A: In the context of a driveway easement, the specific terms outlined in the easement agreement or recorded documents will determine the responsibilities for maintenance. Easement agreements can vary, and maintenance responsibilities could be either solely on the property owner benefiting from the easement or shared between the parties involved. It's essential to review the easement documentation and consult legal counsel if there are uncertainties about the maintenance obligations.
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