[WSBARP] Shared Driveway Maintenance

[marc holmeslawgroup.com]

I've got a client buying a property that has private drive currently shared by 4 parcels (two with houses and two undeveloped).  My clients are buying the parcel at the end of the driveway.

The easement for the driveway is the bear minimum and simply grants a "non-exclusive easement across the burdened property for ingress, egress, and utility purposes over, across, upon, and through" the easement area (which is described by metes and bounds).  It says nothing about ongoing costs of maintenance, repair, etc.

The seller still owns the burdened property so he could potentially sign a new document that addresses these matters so I'm trying to decide how to advise the client as to whether it rises to the level of a deal breaker if the seller won't.

There's already been some degradation of the driveway and it's over hilly terrain so maintenance and repair will no doubt be an issue in the years to come.

Anyone have a version they'd be willing to share?




Marc Holmes, JD
Holmes Law Group PLLC
2303 W. Commodore Way, Suite 306
Seattle, WA 98199
marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
(206) 357-4224 (ofc)
(206) 849-0853 (cell)

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