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MMVA5 · Jul 25, 2008, 08:27 AM

Hello,
I would like to know what the legal differences are, if any, between a shared private road and a shared driveway? I have a shared private road and am concerned that the land owner that gave me the easement to put in this private road of which we now both share may try to somehow sell use of this easement to our neighbor. In this case, our neighbor could sell some rear acreage of his property and the new owner would be using the road I installed and paid for as access.

ScottGem · Jul 25, 2008, 08:30 AM

I'm not sure there is much a difference. If nay it would be in the length.

What you need to do is look at the wording of the easement. It may very well give the owner the right to allow use of the road to other parties.

MMVA5 · Jul 25, 2008, 07:04 PM

Hello,
I don't have a copy of the easement but the recorded subdivision plat says "New 30' shared driveway easement for benefit of lots 1 and 2." This is a 10 acre parcel that was split in half. Does this help??

I am lot 2. I wasn't sure if it was his right as the land owner to sell use of this easement to any one else. This road is 30' wide and about 800' long. This road could easily branch off towards a neighbors property and be used buy others.

ScottGem · Jul 27, 2008, 02:28 PM

From the description, the easement is shared equally by both lots. In other words, it should be between the 2 properties, not on only one.

The next question becomes whether there is landlocked property behind your two lots. I would double check this with a real estate attorney, but my take is that he would have to get your permission to grant access to the easement to a third party.