Easement/Shared Driveway on Investment Property?

[Abi O.]

Hello -

I am in process of closing on a new investment property and the driveway is shared (i.e. my neighbour and I need to use the same driveway to get to our individual backyards). The driveway is 80% within my property boundary lines and 20% within theirs. 

There was an easement established over 20 years ago that gives my neighbor the right to use the driveway to get to their backyard. Also, I am speaking with the survey and title company to clarify the exact coordinates of the easement and boundary as well as confirming if anything has been filed with the deed. But its unclear if a) the easement was paid for and b) who is legally responsible for the snowplowing, Mx of potholes, etc.   I'd like to set up some agreement to ensure its clear who pays and does what.

Does anyone have any experience part or all of this?