Driveway Easement Shared Form With Decimals

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

Description

The Driveway Easement and Shared Parking Agreement facilitates a legal arrangement between property owners for the shared use of driveway and parking areas between two contiguous tracts, designated as Tract A and Tract B. Key features of the form include a perpetual easement allowing access for vehicular traffic, restrictions against obstruction, and shared responsibilities for maintenance and repairs. Users are required to maintain the easement in a neat manner, and any necessary repairs can be undertaken by one party with prior notice to the other, ensuring cooperation and transparency. In the case of disputes, the prevailing party is entitled to reasonable attorneys fees, making the form essential for preventing and resolving conflicts. It is particularly useful for attorneys, partners, and owners involved in real estate transactions, paralegals who assist in drafting and filing documents, and legal assistants who support these processes. The form's systematic structure allows easy filling and editing, accommodating users with varying levels of legal experience, while the decimal mentions highlight financial responsibilities relating to maintenance.
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FAQ

Generally, a shared driveway is owned by all parties with the section of the driveway a party uses owned by them. However, the maintenance of the entire driveway area should be shared between all parties.

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.

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.

Look at your title deeds to see if your boundaries are clearly defined (if they aren't, or you can't understand them, then contact a surveyor to help you resolve the confusion) Use a mediation service to try and come to a mutually beneficial solution. Contact your local council if your neighbour refuses to collaborate.

You may be able to terminate an easement by creating a deed and extinguishing it. The dominant owner may decide to transfer the easement through deed to a servient owner. If the easement and servient land are owned by the same person, they can merge the two and terminate the easement.

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Driveway Easement Shared Form With Decimals