Agree to never share a driveway. Ugh.

See if you can buy a smidge of the neighbor’s property.

Is it not grandfathered in as an existing feature? Even if it violates current setbacks, if it existed before those were adopted, it shouldn’t be forced to be changed. Unless the runoff is causing undue hardship to your neighbor, etc.

I would ask about getting a variance especially since re-locating it would cause a traffic hazard. It sounds like the driveway is already all on your property from your description, but that it doesn't meet the set-back requirements. If where it curves away is where it is on your neighbors property then I would correct that part, but see about getting a variance for the setback so where it enters the road is not in the middle of a curve. It should be a reasonable request as it is a safety issue as well. You might want to consult with a local attorney that works with issues like this that could help you obtain the variance.

How sharp is the curve? Moving the driveway 15 feet to the center of the curve should make little difference in safety. It might actually make pulling out of the driveway safer if you can see equally in both directions.

Alternatively is there a possibility of making a U shaped entrance. That is done in this area when driveway entrances have problems with safety. First however see if you can receive a variance for now.

Sounds like the 1996 road was abandoned as a part of the subdivision approval process. Not unusual. These things become more clear when building permits are applied for.

Structures that cross proposed property boundaries usually have to be removed prior to subdivision or parcel split approval, but gravel drives and maybe even concrete wouldn't be considered a "structure" for this purpose.

Agree with poster below that you should ask for a variance due to safety.

It would seem to me that the shared driveway agreement is just a way of getting around the setback, not that you would actually be sharing a driveway. I, myself, don't see a problem with that but maybe I am missing something.

Fear Thy Neighbor!

Don't share!

Agree with seeking a variance.

In order of preference:

Consult with a local attorney to determine if it is grandfathered

Seek a variance

Joint driveway agreement

Relocate driveway with tree removal.

A local real estate attorney can determine if it is grandfathered.

You have time to get a variance because you are in the building phase. Your building department and local zoning authority can help you with the process. Doubtful if it will be an issue because it's a driveway and in many locales, setbacks for driveway's are non-existent.

A joint driveway agreement is not the end of the world contrary to the hysteria. Just make certain that it is drafted by an attorney, signed by both parties, is filed with the county and takes into account future maintenance responsibilities including cost sharing.

Relocation is the most expensive option and leaves you with a dangerous ingress/egress. Point that out to the zoning board when you apply for your variance.

Approach your neighbor and see if he would be willing to sell land necessary for you to solve the problem. Of course, all costs would be yours. We did it once with a neighbor who wanted to sell his home, but there wasn't room on his property for a new Title 5 to be installed, We were happy to do it, and in the process he decided to gift us a strip of land that gave us frontage for a buildable lot. We both scored!

My friend just sold a strip of land to his neighbor because his tear down/rebuild didn't meet setbacks for the new driveway. Worked out perfectly. One got a driveway and my friend got a beautiful house next door which only raised the value of the other homes in the neighborhood.

Were I your neighbor, I would be so happy that a lot that once house an old camper is going to become a new home, I might even give you the piece of land.

We've had a shared drive for many years, no issues at all. Not sure what the big deal is, they are very common around here.

I also share a driveway with two neighbors at the end of the cul-de-sac. For me, I don't own any of the land (the other two neighbors do), I do have an easement. It's never been a problem until last year when one neighbor came to me saying he owned the land and was going to fence off his portion, as he found out there was no easement. Next day I gave him a copy of the legally recorded easement and told him the discussion was over. Of course he is now embarrassed as he'd been talking with the third neighbor about his plans and trying to get the third neighbor to side with him to remove our access.

All this said, I don't see a problem, our easement stipulates ingress and egress only, no parking.

Thanks for all the comments and information. Here is an update on the driveway. Chairman of the township board drove to the property as i spoke with him on the phone. He does not see a challenge and requested i send a letter to him stating my concerns about moving the driveway. it is a safety concern, period. Along with the letter i sent three survey maps, one from 2020 (i paid for prior to purchasing), 1996 and 1958....all have the driveway in the exact location. Someone commented about it being grandfather in and i think it will happen. The driveway runs about 200 feet within the setback. I don't think i will need to go in front of the board to request a variance as stated by the chairman. The chairman also spoke with the county, and even if i have to move the driveway the county will not let me do it because of safety concerns. I'm hoping all of this is resolved within the next several weeks. The neighbor is good with me being within the variance and will sign what's needed. I'm assuming if this is all approved it will need to be filed with the county and possibly included on the deed. I'm fine with sharing a driveway with the neighbor but how about when the neighbor sells the property. I also have two attorney referrals who specialize in situations like this. I also have a plan to purchase a sliver of the neighbors land as an option. this is more involved but still an option, last resort.

A shared driveway might be an easement on both deeds plus youl'll both want an escrow account for maintenance.

Not a do it yourself filing. But, it's simple for an attorney to do for you. Well worth the effort and expense to attach an easement. You will appreciate having it a few years down the road when you decide to sell.

Likely you will need it documented by a civil engineer. Depending on state, they often do all the paperwork, easement filing, meetings/hearings, etc. Layer on attorneys, consultants depending on complexity and resistance.

Update: It is now going in front of the town board in two weeks as it has been added to the agenda. If needed, I will be present to state my case. I'm really trying to be a good neighbor and a good town citizen. I just don't know where i went wrong when purchasing the land. I haven't purchased land before but thought i covered all my bases. I didn't realize the driveway would be an issue because everyone said "driveway". I thought I did what i was supposed to but surprise. Oh well, i think it will work out just need to keep working on it. It's takes time. i certainly didn't think this would be the first major issue when building a lake home.