Real Estate Law
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Is the driveway equally shared by this client and his/her neighbor?
Thank you for your follow up.
Unfortunately, I was not able to find a specific Maryland statute addressing shared driveway situation, so it is likely it simply doesn't exist, since shared driveways are generally treated as easement by necessity.
Is the bank requesting shared driveway maintenance agreement?
Well, generally, there is no requirement to have a formal written agreement when it comes to maintenance of the shared driveway, as it actually presumed under the law that both house owners would be equally responsible for maintenance of the shared driveway and if one party fails to do their part or contribute their share of maintenance costs, then the other owner can sue to recover the cost of the maintenance owed by the non-paying owner.
It would appear that this is more of a specific bank's underwriting policy and it would make sense to have the situation reviewed by the bank's legal department, which should be able to apply the common law presumption (since there is no specific statute that would address the issue) and waive the requirement for any type of legal agreement related to the shared driveway.
Please let me know if you have any related question.