Driveway Easement Sample With Replacement

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

Description

The Driveway Easement Sample with Replacement is a legal document designed for establishing rights of use and maintenance for a driveway and parking lot between two tracts of land, referred to as Tract A and Tract B. This form ensures that both properties maintain access and rights-of-way, as well as outlines specific covenants that bind future owners. Key features include the establishment of a perpetual easement, restrictions on obstruction, and maintenance obligations shared between owners of the tracts. The form also details procedures for maintenance notification and the right to lien for unpaid shared repair costs. This document is particularly useful for attorneys and legal assistants who handle property law and easements, as it provides a clear framework for negotiation, drafting, and enforcement of shared property use agreements. It serves as an important tool for property owners looking to formalize agreements regarding shared access and maintenance responsibilities. Additionally, it benefits paralegals and associates by streamlining the preparation of important legal documents that facilitate communication and cooperation between neighboring property owners.
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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.

An access easement conveys the right of ingress and egress to a tract of land to someone other than the Owner. Access easements shall be a minimum width of 30 feet or as approved by the City.

When the grant of a right of way or easement is not in the form of a lawfully executed deed or lease, the county recorder of the county where the land is situated, upon the request of the company owning the right of way or easement, shall record such grant in the official records and index it.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

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.

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Driveway Easement Sample With Replacement