My question is about a shared driveway agreement. In the signed agreement it states- "the maintenance of the driveway is to be split 50/50 by both parties upon agreement" but does not go into detail about what kind of maintenance. In my case, my neighbor is saying that both him and I are responsible for trimming the hedges that are clearly planted on his property but grow over the shared driveway. (My house sits behind his house) So I have two questions- is the "shared" part just the part that we both use? Or the whole driveway including what's on my property? (its shaped like an "F" with his house in front) and am I responsible for his hedges since they grow over the driveway?

Thank you! Lindsey

An agreement providing that you will split the driveway maintenance costs "upon agreement" seems to be "an agreement to agree"; in other words, not much of a binding contract at all. Any expenditures would have to be agreed to between you before they are incurred. And if you don't agree you can't be required to.

If the agreement were (despite the foregoing) enforceable, it seems to concern maintenance of the driveway (paving, etc.), and not the adjoining landscaping, such as hedges. I believe the trimming of the hedges is his responsibility. If they interfere with your use of the common driveway, you could have them trimmed at his expense.

The foregoing assumes no more specific language in the agreement than you have indicated.

Is the driveway partially on your proiperty and partially on his, maybe split down the centerline or something? I would just tell him that, in this case, you don't agree.

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Originally Posted by LinzD83

... - is the "shared" part just the part that we both use? or the whole driveway including whats on my property?...

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The former: the part that both of you use (again, if there is nothing specific to the contrary in the text of the agreement.).

Tell him you agree to cut them down ( and will cut down 1/2 of them) so they are no longer in the way

Thanks for all the great input! I just wanted to make sure I wasn't alone on my thoughts about it. I didn't see how his landscaping was my problem. If it wasn't for is rude attitude about it I honestly wouldn't mind helping him out. Unfortunately, he seems to be a greedy old man looking for easy money. I recently found out that he has trimmed his other hedges on his property, that boarders mine and refuses to clean up the trimmings on my side because he feels that I should help him. Im currently out of state for a few months for military training and he's been nothing but a headache to the friend watching my house.

Fr_Chuck- I like your way of thinking! Trust me... I've thought of off those approaches!

All those approaches *