Shared driveway maintenance agreement

[Lucas Sawyer]

I am closing on a house and I am already thousands into the property. The underwriters are now requiring a shared driveway maintenance agreement. However the current owner will not sign said agreement leaving me wondering how to close on this home. The lot doesnt have space on the opposite side of the house for a new driveway, and they apparently will not allow expansion of the current driveway, which im not sure could work anyways considering the houses are so close together. What can I do to get them to sign this agreement or get around this issue?

[Tom Gimer]

@Lucas Sawyer It doesn't make sense that the neighbors would not want a neutral agreement recorded concerning maintenance of the shared driveway. I would raise the issue as a title defect preventing settlement and demand that the seller resolve it. If they have to pay the neighbor to sign, so be it.

Also check the agreement itself... I have one now where the terms of the proposed agreement (seller's attorney drafted it) were considered unreasonable to the neighbors. The seller is soon to be out of the relationship... they shouldn't include any unnecessary terms.