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  • geeman
    Freshie
    • Sep 2008
    • 32

    #1

    Easement question

    Hi all

    I have bought a house (2 years ago), it is on lease for 999 years) i have a drive ( my own) and there is another drive parallel to mine which is shared by 3 houses. The owner of one of them visited me today to advise that they are getting the drive repaired and I have an easement for the use of this. I have a carport that is at the top of my drive and when I back my car out, I do use this for turning my car but its not a major and I never knew about this easement. My question is why should i be required to pay for a drive that is used by my neighbors and I have my own drive and how do I get rid of this easement. i find it unfair, the owner also said if I do not pay she may put a fence up between the driveways and again will I be asked to pay for the fence?
    She advised me that my share would be about 1k for getting the repairs. Please help a confused soul as have no idea what to do and how much would it cost to get the easement off? Am in Hamilton
  • Keithw
    Fanatical
    • Oct 2008
    • 1410

    #2
    Sounds like you have a cross leased section.
    have a read of this

    you need to read your lease and check the property title.
    By the sound of it, all 3 of you share ownership of the whole section, including each others drives
    Food.Gems.ILS

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    • One
      Fanatical
      • Sep 2007
      • 1255

      #3
      Does the drive actually need to be repaired or are they improving it? If it's an improvement you may be able to resist.

      I don't know about x-lease, but if it's not, then they'd have to right to put up a fence and have you pay half.

      Comment

      • DaveW
        Fanatical
        • Apr 2009
        • 1027

        #4
        If the driveway needs repair then you need to share this cost with the other owners. But you can argue that you only use say 10% of the driveway and therefore your share is 10% of the cost. Read the lease carefully, if you can't agree on share of cost then take it to arbitration.

        The neighbour can't build a fence down the driveway without your permission and the permission of the other neightbours that use the common driveway.. she is threatening you.
        Profiting from Property, not People

        Want free help on taking your portfolio to the next level?

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