Driveway Easement Sample For Job Application

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

Description

The Driveway Easement and Shared Parking Agreement is a legal document that outlines the covenants, rights-of-way, and restrictions regarding the use and maintenance of shared driveway and parking areas between two tracts of land. This form is crucial for property owners who wish to ensure that their access and usage rights are legally protected and clearly defined. Key features include the establishment of a perpetual easement for vehicular traffic, maintenance responsibilities for successors in title, and specific procedures for performing necessary repairs. Each party must keep the area neat and uniform, and prior written notice is required before any maintenance is performed. This easement also allows for the imposition of liens in case of unpaid repairs, making it a robust tool for resolving disputes. The form is beneficial for attorneys, partners, owners, associates, paralegals, and legal assistants as it provides a framework for navigating property easements and shared use agreements. By utilizing this agreement, legal professionals can better assist clients in protecting their property rights and facilitating smoother land use arrangements.
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FAQ

An easement may be recorded in the public real estate records or other regulatory agency records; however, an easement may exist without recordation.

The landowner can grant the easement and record it at the county clerk's office, or the landowner can imply it without any written action required. It becomes an encumbrance, or claim, on the land's title once it is recorded and registered.

(2) The landowner shall continue to be solely responsible for the upkeep and maintenance of the restricted land, to the extent it may be required by law. The PACE board and the Commonwealth shall have no obligation for the upkeep or maintenance of the restricted land. Effective: July 15, 1994 History: Created 1994 Ky.

Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.

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.?

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Driveway Easement Sample For Job Application