Shared Driveway Easement Form

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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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.

One option for dividing property lines down a shared driveway is to install chain link fencing. A chain link fence is a relatively inexpensive fence to have installed, and can readily be placed over asphalt. Asphalt is soft enough to allow fence posts to be sunk into the driveway.

The legal position on shared driveways is that all users must be considerate and not consistently block the driveway, making it impossible for others to use it. This includes: allowing others to park on the driveway, or putting a skip or other obstruction in the space.

If you're ever unsure about the ownership status of a shared driveway then it's best to check your title documents. In terms of using the driveway, common law dictates that the area is used fairly between both parties.

Neither neighbour has a right to park their car on a shared driveway, as such it's something that must be worked out privately between both parties. There's little legal protection on this issue as whichever way you slice it, your car will either be illegally parked or blocking a right of way.

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3. Maintenance, Repair and Replacement of the Easement Area. An easement agreement is a legal document that gives legal rights to a person wanting to use or access a property—in this case, a driveway—they do not own.The easement is an agreement giving someone the right to go onto someone else's property within certain boundaries. New York Law Regarding Shared Driveway Easements.

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Shared Driveway Easement Form