shared driveway

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shared driveway

David Tucker
New Ipswich, NH · Member since 2011 · 3 posts · 0 votes

I live in a single family and am now sharing our driveway with a 2 family. When we purchased the property the now 2 family was zoned a single family residence. Recently the town allowed the owner to zone the property as a 2 family and there are 7 or so cars at the 2 family residence. Our maintenence agreement doesn't cover 2 family maintenance responsibility. Am I still responsible for 1/2 the maintence or is it now 1/3 2/3? Was it legal for our town to change the zoning without considering the shared drive?

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Dave Toelkes
Investor · Pawleys Island, SC · Member since 2008 · 1k+ posts · 837 votes
14y

If the seven cars are parking on your half of the driveway, then you should be collecting some of the rent in exchange for paying half the maintenance.

If you are half owner of the driveway, then you might have legal standing to have cars improperly parked on your half towed away.

Suggest you get your attorney's advice on your rights, responsibilities, and options.

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  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    14y

    Zoning practices vary by city,county,and state.

    Usually with zoning a request and hearing would have to be held and formal notice given to surrounding parcels.

    If they did not do that then you would need to see if proper notice was not given to you.

    Then you could request a formal hearing on the issue to reverse the zoning approval or modify it from the original approval.Again your options vary by your locale and this is not legal advice.

    What is sounds like you are concerned about is what the zoning change means and any extra annual cost you would be required for in maintenance.

    You would need to figure out what annual increase (if any) you would have and how this could affect resale value for you in the future.Then I would analyze how much to pay a zoning attorney to get things changed or amended.

    Maybe you could just reach an understanding with the other parcel owner who did the zoning change.You really need to see a zoning attorney to look at your case for free to discuss options.

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  • David Tucker
    OP
    New Ipswich, NH · Member since 2011 · 3 posts · 0 votes
    14y

    Thanks Joel,
    I appreciate the advice. I tried to reach an agreement w/ the owner of the 2 family but they believe I am responsible for 1/2 the maintenance no matter what. I am working on selling our property, if the maintenace agreement becomes an issue I will contact a zoning attorney.

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  • Dave Toelkes
    Investor · Pawleys Island, SC · Member since 2008 · 1k+ posts · 837 votes
    14y

    If the seven cars are parking on your half of the driveway, then you should be collecting some of the rent in exchange for paying half the maintenance.

    If you are half owner of the driveway, then you might have legal standing to have cars improperly parked on your half towed away.

    Suggest you get your attorney's advice on your rights, responsibilities, and options.

    1Reply
  • Jon Holdman
    Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    14y

    How does this driveway set w.r.t. the two lots and the city's land? Typically driveways are partially on the house's lot and partially on the land that belongs to the city (or whoever owns the street.) The part that's on the lots is what matters. If the potions that are on each of the two lots are the same size, then you would be responsible for 50% of the maintenance. Along with that, I would think you could restrict who parks on the part that's on your lot. If the driveways weren't shared, your neighbors couldn't just pull up and park in your driveway, right? So, the fact your two driveways are physically attached to each other shouldn't give them the right to park in your drive, either.

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  • Michael R.
    Real Estate Investor · NY · Member since 2008 · 313 posts · 87 votes
    14y

    Can you put a chain link fence down the middle on the property line? I did this with one rental with attached driveways. Sometimes the tenants next door are not aware the driveway is half yours so you might want to talk to the tenants first to see if they will help resolve the problem

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  • David Tucker
    OP
    New Ipswich, NH · Member since 2011 · 3 posts · 0 votes
    14y

    Thanks for the responses. Just to clarify the shared driveway is ~400' long it is equally shared and branches to the parking area for the 2 family. The parking area is unshared so I currently do not have to worry about vehicles parking on my property & I do not maintain the parking area. The town has no ownership of the drive. The big issues are snow removal & driveway repairs.How should this be divided up?

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  • Dave Toelkes
    Investor · Pawleys Island, SC · Member since 2008 · 1k+ posts · 837 votes
    14y

    The two-family status of the neighboring property does not change the number of properties that share the drive. There are still two properties, and each property owner is still responsible for half the maintenance, repairs, snow removal, etc.

    Just how I see it.

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  • Jon Holdman
    Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    14y

    I think you're stuck with the existing 50/50 split. I would guess there was some sort of procedure for them to change the zoning from single family to duplex. And, there was probably a public hearing when that happened. That would have been the time to object. You could have brought up the increased traffic and maintenance and how some of that was going to cost you money. And then negotiated a deal with the other owner to shift to a one third/two third split. But I think its too late for that tactic. If the other owner won't agree, I can't see where you have any leverage to force the issue.

    How is your maintenance agreement actually worded? Does it say you have to split all maintenance 50/50? Does it give either of you the ability to object? Can the other file a lien? It could be that when it actually comes time to spend some money, you could push for a different split.

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