Question:
What is the difference between a “private road” and a “shared driveway?”?
I am interested in buying a home. The easement of the home states “private road” (Tinsley Lane) but the home is advertised as a “shared driveway.” In the easement the neighbor of the home for sale has 51% ownership/maintenance fee and the home for sale has a 49% maintenance fee. I just want to do know the difference?
Answer by JodiLynn
So, I live on a private street. What it means that of you do not live on that street or are not visiting someones house on that street & you park there.. all someone has to do is call the cops & will get towed. Also cops cannot patrol that area, they can only come on those streets is they are called. ALso, they city maintains our front yards and streets so once a week we get our yard mowed & bushes trimmed & what not. And whenever we have something happen to the asphalt on our street they come fix it.
A shared driveway is normally w/ a duplex where theres just one huge driveway for both houses to share. and normally has nothing to do with the yard or maintenance fee.
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The answer is in the easement. document. Based upon what you have said here are some thoughts:
1) It is a private road (or driveway.. no difference) with the responsibility for the drive apportioned as you note.
you did not ask, but also consider the following:
2) You did not say upon whose land the drive way sits.. is that also part of the apportionment? Or does it encumber only one lot (an easement is an encumbrance to the land)
3) Check the title report to see what it says about the easment.. Also check if there is a survey plat (not the assessors tax map that usually comes with a title report).
4) Is this driveway/road easment EXCLUSIVE or NON EXCLUSIVE (can the right to use it also be given to someone else by the owner(s) of the land..for example if another house is built.
5) Is there anythng UNDER the roadway that is a part of the easment (sewers, water lines, etc… )? Is their maint. also included in the 49/51% allotment.
6) Who pays the taxes on the driveway.. and how is that divided? (or is it?) Will you be paying taxes on land that you can not fully use for the rest of any ownership?)
Hope this helps…
.