Driveways and shared private roads are common, especially in relatively rural and newer development scenarios. Property owners adding homes to parcels with no road frontage, for example, may rely on access to a shared private road or driveway to conveniently access their residences.
Occasionally, property owners intending to share the maintenance and use of a private road or driveway make agreements through direct conversation that result in a handshake deal. They don’t sign a contract or record an easement but instead rely on one another’s goodwill. These arrangements can potentially lead to protracted real estate disputes that may require litigation to resolve.
Shared driveways can easily cause conflict
Sharing a driveway can make thoughtless choices by one party highly problematic for another. For example, if one party parks on the driveway instead of on their own property, they might block all other property owners using that driveway or private road from either accessing their homes or leaving and accessing the public roads.
Disputes of this nature often lead to protracted conflict between neighbors. There is one case reported on here in Minnesota that has spawned over 230 calls to the police in one year because neighbors have fought over the use of a shared driveway.
Matters can escalate to a potentially devastating point, with neighbors attempting to damage one another’s credibility with the community or make continued residence at the property so miserable that they leave. In such cases, legal action may be necessary to establish the right to use the driveway and to restrict the responses of the other party.
How an attorney can help
Lawyers can assist property owners with acquiring easements and otherwise enforcing handshake deals that were agreed upon verbally but never committed to writing. They can demonstrate in court that access granted through a private road or shared driveway is critical to the continued use of a parcel or residential home.
The courts can potentially issue easements ensuring that each party can access the driveway or shared private road. They can also issue injunctions prohibiting certain types of misconduct, including intentionally blocking the shared drive, harassing the other party or engaging in intentional defamation.
Reviewing a handshake agreement and the details of a real estate dispute that has since arisen with a legal professional can help property owners. Proper legal action can protect their property access and peace of mind when a private agreement critical for normal access to a property falls apart.