Driveway Easement Abuse For Access

State:
Multi-State
Control #:
US-EAS-33
Format:
Word; 
Rich Text
Instant download

Description

The Driveway Easement and Shared Parking Agreement is a legal form designed to establish covenants, rights-of-way, and restrictions related to the use and maintenance of shared driveways and parking areas between two contiguous tracts of land. This agreement ensures that both parties have perpetual easements for vehicular access and require cooperation in the maintenance of the shared areas, which promotes smooth access and fairness. The form includes detailed instructions for repair and maintenance responsibilities, allowing either party to make necessary repairs with prior notice to the other party. Additionally, it lays out the conditions under which one party can enforce terms through court proceedings, including entitlement to reasonable attorney's fees. The form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need to navigate property rights and easements. It aids in protecting property interests and clarifying access, serving as a crucial tool in real estate transactions and property management disputes.
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FAQ

An easement can be extinguished by the title owner's obstruction of the easement under the doctrine of adverse possession.

Under Ohio law, the party seeking a prescriptive easement has the ?burden of proof? and must establish in Court that they have been using a neighbor's property in a manner that is (1) open; (2) notorious; (3) adverse to the neighbor's property rights; (4) continuous; and (5) at least 21 years in duration.

The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?

Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.

An easement holder is deemed to have all rights necessarily incident to the enjoyment of the easement and its servitude, and the owner of the servient estate may not obstruct, interfere, or otherwise encroach upon the easement holder's use and enjoyment.

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Driveway Easement Abuse For Access