What are the laws to a shared driveway if we are having to sell?

Sheila D B: What are the laws to a shared driveway if we are having to sell?
We are relocating and need to sell our property. We built on the far corner of my father’s farm. We have a clear deed to our property, but, we share the driveway with my father and uncle’s farm equipment. There are no other homes on this site. My father is upset because we are moving and this part of the farmland will not stay with the farm. He says he will charge the new owners a fee to drive over the driveway. Can he do this? What are the laws to a shared driveway?

Answers and Views:

Answer by countrylovin
your dad’s out of luck.

Answer by Scott K
Usually, when a piece of property is subdivided, it is required that any subdivision be granted a permanent method of coming and going. And, generally, the driveway is going to be owned outright. But, occasionally, the owner of the driveway is required to grant an easement which allows the party that doesn’t own the driveway access. Since it is the owner’s property, the owner may charge a fee for the easement. Read your deed and then talk to a real estate attorney if it’s ambiguous.

Answer by Ray D
I believe he can. That would encourage them to cut in a new driveway on their property. part of my driveway is on my neighbors property but I have an eavesment on it meaning I have rights to it and they cannot touch it. But on the other hand I cannot build on it and have to get their permission to do anything to it. But its fine like it is.

Answer by Bobbie S
I don’t that the slightest idea, never heard of such.

Answer by Lisa A
You will need to provide clear access to the property that you are selling. I doubt you will be able to sell it otherwise. No mortgage company will write a mortgage on it. Maybe a cash buyer could be found, but I doubt it.

So you need to negotiate an easement to provide access to the property, and get it attached to the deed before you will be able to sell. Normally, you buy an easement for quite a large fee, but it is a one time fee, and it is permanent.

Answer by Songbyrd JPA ✡ Jewish Lawyer
If there is no easement to use the shared driveway, get one from Uncle, or your property has not exit.
By land locking you, it created an easement by necessity, and you need to clear tittle before can sell the house. Talk to a property attorney. You may have to sue your father, but he is being unfair. Also, he could buy the house.

Answer by Mr Placid
You, or your dad, will need to make it clear to any potential buyers that the driveway access does NOT come with the property. Otherwise, if it looks like a shared driveway, acts like a shared driveway, and talks like a shared driveway, then the law will presume its a shared driveway, unless a potential buyer is told otherwise. If this is the only driveway that accesses the property, then good luck selling the place.

Answer by sweet.caroline
You have a very good question. Had you owned this property or it had passed from hand to hand for a long period of time, there is a law called adverse possession where after a long period of time you have the rights to land which you control even though it did not originally belong to the parcel that you do own.

There is also an easement where a person can make an easement when he or she sells property and it is in the deed that they have the right to use a strip of land like a driveway and then any owner after that time has an easement to that and can use that strip of land.

But you have a legal question here and you need an attorney to give you advice. Property laws can be specific to the state so someone would have to know the state it is in. They might have to see the actual deed you have to see if it gave you a right to use a common driveway. Since your land is totally surrounded I would assume by your father’s land, then it is cut off and not accessible at all. There may be a law that would prohibit that when the father deeded the property to you. It could also be an issue as to whether this was a gift or if you paid.

I know you would like to avoid going to an attorney, but you do have a legal issue and you need an attorney who deals with property law. I cannot remember what the law is on a property that is totally surrounded by another’s land. I don’t think he can keep them from some access. I can understand his thinking he can charge, but that may be restricted since he deeded the property to you. While people often pay for easements, I don’t think a person can deed property without access to it. So you have some real issues and you need to either do research at a law library or see the Reference Librarian at your local library to see what you can find there or see the attorney. I think I’d check at the Reference desk at the local ibrary first to see if you can find a statute or common law (and depends on state as some states don’t have common law – like Lousiana which is civil law state – ones based in French background). You may be able to research it on the computer though I’d have to experiment and just try myself and I’m not sure what to tell you except that you would have to limit it to your state.

Good luck. I can understand your Dad’s position too as he wanted your family close to home and gave the land to you so you would stay there. Maybe he would be willing to purchase it back at what it is worth and then he could rent it out for more income. Realize that property values are down now as well. so what it might have been worth a few years ago might not be value now. Maybe your dad would pay you over time for it and you’d have income and he’d have control over who was in the home.

Things like this can sometimes be very hurtful and ill feelings can last a long time. I hope you are able to work it out to everyone’s benefit and maintain good family relationships. Finding out that any buyer would be able to use that drive at no fee (if that is found to be the case) might make your dad more willing to discuss other alternatives with you. Also stressing why you need or want to move (if it is not just to get away from family) might help as well.

Good luck to you.

Answer by RK
What was your original agreement with your father? It sounds like you are violating it. Can’t you rent out your house so that property ownership will still stay in the family? Yes, your father can charge a fee for access if you have no easement, or it may scotch the sale altogether. He has the upper hand here, both morally and legally. Feuding over money issues is never a good idea.

Answer by Unknown
I dont think he can charge a fee to them. I think they just have to be aware it is a shared driveway. I suggest building a new driveway if possible that would only go to that house. Contact a real estate agent and ask them. They will know real estate laws most likely. Or talk to the town hall about property issues.