Property Easement Parking

State:
Multi-State
Control #:
US-00498
Format:
Word; 
Rich Text
Instant download

Description

The Driveway Easement and Shared Parking Agreement is a legal form used to establish a perpetual easement for parking and access between two contiguous properties. This agreement allows the owners of Tract A and Tract B to share the use of a designated driveway and parking area, as detailed in attached surveys. Key features include provisions for maintenance, ensuring that the easement is kept serviceable and aesthetically uniform. The agreement stipulates that neither party can obstruct the shared use of the driveway and parking area, nor can they build upon the easement. Additionally, it specifies that any necessary repairs can be undertaken by either party, provided proper notice is given, and allows for a lien to be placed on the property for unpaid repair costs. In the event of disputes requiring legal action, the prevailing party is entitled to reasonable attorney's fees. This form is particularly useful for attorneys, partners, property owners, associates, paralegals, and legal assistants involved in real estate transactions or property management, as it provides a clear framework for shared property use and responsibilities.
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FAQ

With an easement, a landowner, without sharing profits, has the right to use and enjoy another landowner's land. Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways.

Execution: The Easement must be executed on behalf of both the Grantor and the Grantee, and all signatures must be acknowledged by a Notary Public. Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located.

The rights to store, park, plant, and construct on the non-roadway portions of the easement remain with the servient owner.

Prescription: Oklahoma allows a third, less common type of implied easement known as an easement by prescription. In order for a court to approve or recognize an easement by prescription, the party using the land they do not own has to show they consistently used the land to their benefit for at least 15 years.

In basic terms, a court-approved easement allows one party to use the property of another party within set limitations and without ever assigning any particular ownership over said property. There are two main forms of easements: Easement in gross: An easement granted to benefit a specific individual.

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Property Easement Parking