Property Easement For Driveway

State:
Connecticut
Control #:
CT-EAS-4
Format:
Word; 
Rich Text
Instant download

Description

Provides rights associated with vehicular and pedestrian traffic and construction and maintenance of utilities. Ingress and egress to and from [street] by vehicular and pedestrian traffic and for the installation, maintenance, repair, and replacement of utility lines (including lines for storm water discharge, electric, cable, telephone, sewer, water and other residential utilities) together with any appurtenances related thereto in order to furnish utility services to the Easement Properties.



An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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  • Preview Declaration of Easement for Driveway and Utility Purposes
  • Preview Declaration of Easement for Driveway and Utility Purposes
  • Preview Declaration of Easement for Driveway and Utility Purposes
  • Preview Declaration of Easement for Driveway and Utility Purposes
  • Preview Declaration of Easement for Driveway and Utility Purposes

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FAQ

A shared driveway is usually owned by each of the homes involved. The part of the driveway on their land is owned by them, and the maintenance of the entire driveway is shared by all parties. In some cases, the driveway may be owned by one house, but legal access is given to anyone who needs to use it.

The main difference between a servitude and right of way is that a servitude can cover more than just access. If the servitude is granted in writing then in theory it could cover almost any act carried out over the granter's land.

Shared driveway rights Generally, a shared driveway is owned by all parties with the section of the driveway a party uses owned by them. However, the maintenance of the entire driveway area should be shared between all parties.

A right of way is a type of easement that allows one property's occupants to pass over another person's land. Usually, a right of way will be a pathway or a road/driveway, which provides access to a property. The person who uses the right of way is sometimes called a 'dominant owner'.

As the seller, you should be aware that legally, almost all shared driveways are appurtenant easements, or rights to exercise a limited form of ownership or possession of the property of another individual. These rights attach to the ownership of the land and pass along to the new owner.

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More info

There are utility easements that allow sewer and gas lines. A common type of property easement is when two neighboring properties have a shared driveway.Driveway – Rights and Obligations to Repair — Who owns right-of-way property? What is right of way easement maintenance? A prescriptive easement is similar to but different from adverse possession. If there is a proper easement, it means that your neighbor can use your driveway in this manner. The easement must be used in an open and notorious manner. The use must be continuous.

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Property Easement For Driveway