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SOLVED: Can You Put A Driveway On An Easement?By admin
Tuesday, 27 August 2019
When you buy a new property, the common expectation is that you would have full say over the land that you have purchased. For some homeowners however, this is simply not the case.
Property easements allow other people to access to your land, for a variety of purposes. In the majority of cases, this is because of utility work, such as access to sewer mains, electrical lines, or gas lines.
For other types of easement, like driveway easements, the situation is rather different, and questions like, can you put a driveway on an easement, are often raised.
Where an easement has already be formed, and there has been legal registration of an easement, the terms will be laid out when you buy a new property.
However, in some cases, you may not find out about an easement until after a purchase, or even years down the line.
In other situations, an easement may be required because of a new development, be it property or utility. In every case, it is of the utmost importance to know your rights regarding the easement your property has, or one that you rely on.
With that in mind, here’s the lowdown on easement rules and regs to help clarify your choices…
What Is a Driveway Easement?
When asking, can you put a driveway on an easement, it is essential to get to the bottom of what exactly the easement entitles the buyer of the easement to do, and where the land owner stands in relation to this.
The majority of driveway easements allow one party access to another’s’ land in order to obtain access to the road. If there was not access granted, then the party without road access would be landlocked.
Due to this, any changes to the easement land, such as those that would arise with, can you put a driveway on an easement, must not affect what is necessary for access.
Constructing a Driveway as the Land Owner
If you have an existing driveway that you wish to update to a better quality alternative, such as changing from gravel to a resin bound driveway, then it is unlikely to cause as much of problem with anyone sharing that driveway.
However, if access to the drive is cut-off to the buyer of the easement during construction, without prior agreement, then it could be breaking the terms of the easement.
For new driveways, it is a similar scenario. Any new construction should not affect the other party’s ability to access the land that they have a right to cross. If there is prior agreement, and new terms decided upon, then constructing a new driveway is possible.
Constructing a Driveway as the Easement User
As the easement user, asking, can you put a driveway on an easement, is slightly more problematic. Depending on the personal circumstances of your situation, the answer to, can you put a driveway on an easement, can be both yes and no.
Generally speaking, both parties have a requirement to keep a shared driveway in good condition, so if an existing driveway is in need of an upgrade, then you may be able to come to an agreement whereby both parties split the cost of a new driveway.
The final say falls to the owner of the land. However, if the easement area is not suitable for its intended use, there could be room to make a case.
Choosing the Right Driveway for an Easement
An important part of, can you put a driveway on an easement, is which type of driveway you should put on the easement land.
Driveway easements generally mean that the driveway is going to be used twice as much as a normal residential driveway. Because of this, it needs to be strong, durable, and built to last.
A prime choice for homeowners with a driveway easement, is the installation of a resin bound driveway. The superior quality of resin over alternative driveway materials, means that it is more than up to the task of coping with the additional weight and traffic.
Resin driveways also offer an ease of maintenance, weed-free surface, and no risk or cracks or weather damage. Neither party will have to worry about long hours cleaning and maintaining the surface because of the additional use.
As Which Approved Trusted Traders who have been servicing UK residents for many years, our team at Home Logic have substantial experience planning and constructing unique driveways, tailored to the needs of homeowners.
If you need assistance with a driveway for easement use, that will stand up to the additional pressure of double the traffic, don’t hesitate to contact our team today, call 0800 1700 636 or by simply clicking the button below!
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